This is a summary of “The Prosecution of Crimes against Humanity: a National Perspective” by Stephanie Egerer-Uhrig, published January 16, 2026, as part of the Joint Symposium on Negotiating a Treaty on Crimes Against Humanity (EJIL:Talk!). The original article can be found here.
Germany’s Prosecution of ISIS Crimes against Ezidis
Germany has actively prosecuted crimes against humanity committed in Syria, Iraq, Rwanda, and Gambia. Central to these efforts has been holding members of ISIS accountable for atrocities against Ezidis, including murder, torture, rape, and enslavement. German courts have convicted both male and female foreign fighters, often cumulatively, under the country’s Code of Crimes Against International Law.
The trials faced multiple challenges: proving that ISIS conducted a widespread and systematic attack on Ezidis, identifying perpetrators with links to Germany, demonstrating individual intent, and coordinating among numerous stakeholders. The first trials specifically addressing ISIS crimes against Ezidis began in 2019–2020, focusing on three female returnees. Cooperation with NGOs, particularly YAZDA, revealed the captivity of Ezidi women and girls, forming the basis for charges of murder, enslavement, torture, and aiding and abetting rape.
German courts relied on a combination of evidence: witness testimony from more than 100 Ezidi survivors, police reports, ISIS documents, NGO and expert reports, and cultural explanations of Ezidi religion and traditions. While repeated courtroom testimony posed risks of re-traumatization for survivors, courts ultimately considered alternative evidence and expert guidance to substantiate the contextual elements of crimes.
Ezidi witnesses proved pivotal, providing reliable testimony that led to multiple convictions. Courts adapted questioning methods to account for cultural differences and historical perceptions, and interpretation in the Shingali Ezidi dialect was carefully managed. Despite the difficulty of court proceedings, survivor testimony was consistently deemed credible and authentic.
Germany’s experience demonstrates that crimes against humanity can be prosecuted effectively under national law. Key factors include clear rules, patience, creativity, and, above all, international cooperation at every stage. Egerer-Uhrig concludes that an international convention on the prevention and punishment of crimes against humanity would strengthen accountability worldwide.
