Fairness im Völkerstrafverfahren

The first part of the thesis lays down the foundations and development of international criminal law. In the second and third parts, an analysis of current national international criminal proceedings, in particular returnee proceedings, is presented. Returnee cases pose considerable difficulties for a criminal procedure system traditionally and conceptually oriented towards national facts. For the defence, an independent clarification of the facts on the ground is not possible. Procedural rights are severely restricted due to "dusty" regulations, such as section 148 (2) of the Code of Criminal Procedure (StPO) or the regulations on the barring of contact in sections 31 ff. EGGVG. Furthermore it is examined how according to Article 6 ECHR and the corresponding case law of the ECtHR, the current VStGB-proceedings can meet the Court's strict requirements for procedural fairness and equality of arms. The thesis aims to offer answers for various practical case constellations in future trials under the VStGB.