Universal jurisdiction in Germany in the context of Belarus protests since 2020 ; Универсальная юрисдикция в Германии в контексте протестов в Республике Беларусь в 2020 году ; Universali jurisdikcija Vokietijoje 2020 metų Baltarusijos protestų kontekste

In: http://oai.elaba.lt/documents/94022562.pdf

Abstract

The object of this master thesis is the principle of universal jurisdiction in Germany in the context of Belarus protests since 2020. The subject – jurisdiction of the actions of the authorities during the protests in Belarus since 2020, as a crime against humanity, torture. The aim of the study is to analyse: how to bring to justice people who committed crimes during the suppression of protests in the Republic of Belarus according to the rules of universal jurisdiction in accordance with the legislation of Germany. The tasks of the thesis: to study the concept of universal jurisdiction and prove its relevance in the context of fair trial prosecution for international crimes, to analyse the concept of torture as a crime against humanity, to analyse the available materials regarding the protests in the Republic of Belarus since 2020 in this regard, to prove that victims of torture do not have the opportunity to implement a fair trial on the national level, to identify the main problems in the prosecution of international crimes at the national level in general, to analyse the regulation of universal jurisdiction in Germany, to prove the possibility of prosecuting persons who have committed crimes against humanity in the Republic of Belarus in accordance with German law. The usage of such methods as a doctrinal research method, to conduct a critical qualitative analysis of legal materials to confirm the hypothesis, also the comparative legal and logical-legal research method for a critical analysis of different sets of laws and for comparison of different jurisdictions led to a conclusion that crimes committed by representatives of the Belarusian authorities definitely fall under the definition of torture in German law, as well as international criminal law, and universal jurisdiction can be applied.