The German Border Guard Cases before the European Court of Human Rights

The German Border Guard Cases before the European Court of Human Rights Jörg Arnold, Nora Karsten and Helmut Kreicker 1 The German Border Guard Cases before the European Court of Human Rights In the spring of 2001, the European Court of Human Rights (ECHR) in Strasbourg decided that the criminal conviction, by the courts of the Federal Republic of Gernany, of high ranking functionaries of the German Democratic Republic (GDR) and its border guards, for intentional homicide offences on the border to the Federal Republic of Germany (FRG), does not constitute a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The authors of the following contribution analyze the decisions of the Strasbourg Court and critically dissect its arguments. 2 1. INTRODUCTION On 22 March 2001, the ECHR judicially concluded the criminal proceedings for homicide on the GDR-FRG border. 3 In the course of the nineties, in the so-called European Journal of Crime, Criminal Law and Criminal Justice, Vol. 11/1, 67–92, 2003. © Kluwer Law International. Printed in the Netherlands. 67 1. Privatdozent Dr. Jörg Arnold, Research Group Leader, Nora Karsten, Helmut Kreicker, Research Assistents; Max Planck Institute for Foreign and International Criminal Law, Freiburg i.Br., Federal Republic of Germany. 2. Translated by http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

The German Border Guard Cases before the European Court of Human Rights

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Publisher
Brill
Copyright
© 2003 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
D.O.I.
10.1163/157181703100383534
Publisher site
See Article on Publisher Site

Abstract

Jörg Arnold, Nora Karsten and Helmut Kreicker 1 The German Border Guard Cases before the European Court of Human Rights In the spring of 2001, the European Court of Human Rights (ECHR) in Strasbourg decided that the criminal conviction, by the courts of the Federal Republic of Gernany, of high ranking functionaries of the German Democratic Republic (GDR) and its border guards, for intentional homicide offences on the border to the Federal Republic of Germany (FRG), does not constitute a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The authors of the following contribution analyze the decisions of the Strasbourg Court and critically dissect its arguments. 2 1. INTRODUCTION On 22 March 2001, the ECHR judicially concluded the criminal proceedings for homicide on the GDR-FRG border. 3 In the course of the nineties, in the so-called European Journal of Crime, Criminal Law and Criminal Justice, Vol. 11/1, 67–92, 2003. © Kluwer Law International. Printed in the Netherlands. 67 1. Privatdozent Dr. Jörg Arnold, Research Group Leader, Nora Karsten, Helmut Kreicker, Research Assistents; Max Planck Institute for Foreign and International Criminal Law, Freiburg i.Br., Federal Republic of Germany. 2. Translated by

Journal

European Journal of Crime, Criminal Law and Criminal JusticeBrill

Published: Jan 1, 2003

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