War crimes committed in Ukraine could soon be prosecuted by the Austrian judiciary. As the Justice Department confirmed yesterday, an order is being prepared for prosecutors “that will specify the requirements for domestic jurisdiction in war crimes cases.” A possible starting point is the admission of Ukrainian war refugees by Austria.
In principle, the judiciary is only responsible for crimes committed abroad if there is a connection with Austria – for example, through the citizenship and whereabouts of the perpetrator or victim. Both are unlikely in the case of Ukraine’s war crimes. However, jurisdiction can also arise if “there is a violation of Austrian interests that justifies domestic jurisdiction”.
unclear offenses
The decree must now answer the question of when this is the case. “In particular, it is being examined whether the arrival of refugees in Austria would constitute a violation of Austrian interests and therefore justify domestic jurisdiction for certain crimes,” the ministry said. However, the decree would not bind the interpretation of the law by the courts.
It is still unclear when exactly the decree would be issued and what offenses it would relate to. The “Kleine Zeitung” reported on the corresponding considerations. According to the newspaper, Germany, Poland and Lithuania have already created the possibility of bringing Russian war criminals to justice in Ukraine during the course of the war in Ukraine.