Germany names suspects in first investigation of Russian war crimes in Ukraine

In the first war crime investigation in Ukraine against specific individuals launched in Germany, investigative authorities have identified suspects.

German Minister of Justice Marco Buschmann said in an interview with dpa that they had identified the Russian military suspected of targeting fleeing civilians, as well as the officers responsible.

"If we detain the perpetrators, we will bring charges against them," the minister said. – "And if these people are detained by Ukraine or another country with which we cooperate, we will provide evidence so that charges can be successfully brought there.

Bushman noted that according to German criminal procedure law, in the case of war crimes and other serious crimes, convictions cannot usually be handed down in absentia.

Even before the current investigation into a specific crime was opened, the German Federal Prosecutor's Office had already initiated a so-called structural investigation into war crimes during Russia's full-scale war against Ukraine in March 2022 to obtain primary evidence without specific accusations. This evidence was collected, in particular, by questioning witnesses who had been granted asylum in Germany. A similar approach was used in relation to war crimes in Syria, for which several convictions have already been handed down.

According to the German Minister of Justice, a major problem in the investigation was that people who have been victims or witnesses of traumatic experiences often find it very difficult to recall their experiences when talking about them. To persuade people to share their experiences with the police, the German authorities launched an appeal in Ukrainian, Russian, and English.

Marco Buschmann also said that the German authorities are considering the possibility of creating a video with the participation of the Prosecutor General of Ukraine Andriy Kostin, in which he will address his compatriots.

This will help to reduce barriers for witnesses and build trust in the German authorities, "so that people can open up to them, even if they have experienced something very bad that they would rather forget."

The first investigation underway in Germany against specific individuals involved in war crimes in Ukraine concerns the shelling and injury of civilians in Gostomel near Kyiv – including one German citizen. According to Federal Prosecutor Dusja Gmel, there are five suspects.

Background. As a reminder, the United States has charged 4 Russian soldiers with war crimes for torturing an American in Ukraine. This is the first time the law has been used to prosecute those who commit war crimes against Americans abroad.