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Welcoming address at the meeting of the G7 Justice Ministers

Welcoming address by Minister Buschmann at the meeting of the G7 Justice Ministers on 29 November 2022 in Berlin

Rede
Dr. Marco Buschmann

Esteemed colleagues,
Ladies and gentlemen,
Dear friends,

Welcome to Berlin and to the first ever meeting of the G7 Justice Ministers!

When Germany took over the G7 Presidency almost 11 months ago, the world was a very different place.

As a result of Russia’s criminal war of aggression in the heart of Europe, we, the liberal democracies, are now facing new and difficult challenges in many different areas. The attack is, of course, primarily directed at Ukraine. But it is also an attack on the very idea of liberty and self-determination.

In this terrible situation, it is above all the Ukrainians who are suffering, fighting and dying. In addition, Russian soldiers are also dying in great numbers – and we hope that this will ultimately turn more and more Russians against this war.

War crimes and crimes against humanity have been committed in Ukraine on a daily basis since February. Civilians are being attacked, killed and tortured. Essential infrastructure is being deliberately destroyed, with Russia apparently seeking to use sub-zero temperatures as yet another weapon to kill in Ukraine. Unspeakable crimes are being committed; very close to home – and at the same time reminiscent of a 20th century past we thought we had long overcome.

In his 1795 book “Perpetual Peace”, Immanuel Kant set out the condition that will hopefully bring us closer to a state of peace under international law: namely, that “a breach of law in a single place on earth is felt everywhere on earth”.

We feel it, dear friends! And we will not stand by and accept these crimes! We will hold the perpetrators accountable!

We Justice Ministers have never met in this format. There have been no meetings of the G7 Justice Ministers until today. It is sad, on the one hand, that “cooperation in the prosecution of war crimes in Ukraine” has prompted this new format. But if not now, when?

We want to use today’s deliberations to step up our investigative cooperation and coordinate even more effectively. And we want to demonstrate that we, the Justice Ministers of the great liberal democracies, are growing ever more united in the face of Russia’s attacks on justice and the law.

I would like to thank you for responding so quickly and willingly to my initiative and my invitation!

And I am extremely grateful that the following people are here to report to us today:
The Minister of Justice of Ukraine, Denys Maliuska – a very warm welcome to you, Denys!
The Ukrainian Prosecutor General, Andriy Kostin – a very warm welcome to you, Andriy!
The Prosecutor of the International Criminal Court, Karim Khan – a very warm welcome to you, Karim!
And a very warm welcome, also, to the German Public Prosecutor General, Dr Frank.

We will work together at this conference, harnessing the expertise of our guests, so that we can ultimately agree on a list of measures to better coordinate our various investigative proceedings on war crimes.

I myself was in Ukraine at the beginning of November. And just as Mayor Klitschko was showing me some of the buildings that had sustained massive damage during the war, an air-raid siren began to sound. The loud screeching of the siren was terrifying – and the inherent danger of war became all the more tangible at that moment. While some retreated into buildings, many others continued to go about their daily lives. That was yet another shock for me, because it was clear that this constant threat had already become part of everyday life.

The fact that fear and terror dominate the lives of the people in Ukraine is something we simply cannot accept. And that is why we stand by Ukraine in its fight against Russia's cruel war of aggression, by doing everything we can to ensure that these war crimes are punished – and also in other in ways, too.

As we ought to have learned from 20th century history: When dealing with a dictator pursuing a policy of territorial expansion, appeasement will never be successful. Dictators view appeasement as an invitation to proceed with their acts of aggression and breaches of the law.

I made a very clear statement here in Germany a few weeks ago, and I would like to reiterate it just as clearly now: Knowing what we do today, the decision to pursue Nord Stream 2 following the annexation of Crimea in 2014 was Germany's contribution to the outbreak of the war in Ukraine. I believe it is our duty to confront this truth directly and to draw the right conclusions from it.

Global freedom and security can only have a future if the international community puts Russia in its place right now.

Dear friends,

The law is not something that exists only in good times. In fact, it is during conflict that its strength is most clearly demonstrated.

In times like these, the rule of law cannot be taken for granted.

Neo-authoritarians think they can prove to the free world that democracy, human rights and the rule of law count for nothing; that the law is weak and that human rights are an idea dreamed up by weaklings.

Neo-authoritarianism operates on the assumption that under military and economic pressure, our commitment to the law will falter. It assumes we will prioritise cheap energy over justice and international law. It assumes that we, the liberal democracies, will allow ourselves to be driven apart by such pressure.

But it is mistaken. In the face of the criminal war of aggression in Ukraine, the world is more united than ever before.

Russia has violated the prohibition on the use of force, and the condemnation has been almost universal: In March this year, 141 states voted in favour of a corresponding UN General Assembly resolution, with 5 votes against and 31 abstentions. At the beginning of October, two more states, 143, voted to condemn the annexation of Ukrainian territories. A fortnight ago, the basis for a compensation mechanism was approved by the required two-thirds majority of the UN General Assembly, with only 13 states voting against.

NATO is united and resolute. Europe is united. Recently, 44 countries stood by Ukraine in a meeting of the "European Political Community” in Prague.

Unprecedented sanctions have been imposed, ramping up the pressure on Putin's regime.

And the justice system is hard at work. The Prosecutor of the International Criminal Court is investigating war crimes in Ukraine. The German Public Prosecutor General is also conducting investigations, and we are currently providing new investigative units to support it in this endeavour. The Ukrainian Prosecutor General's Office itself currently cites almost 50,000 cases, most of which concern war crimes. We will be hearing from all three.

The judicial authorities in the G7 countries have started their work; perhaps our colleagues will report briefly on this later. Non-governmental organisations are also doing invaluable work in Ukraine.

We are demonstrating that international law does not just exist on paper.

These crimes affect humanity as a whole, so they will be punished by humanity as a whole – even if they are not committed in our own countries and even if the perpetrators and victims are not our own citizens.

This investigative work will occupy us for a long time to come. It will take many years to examine the hundreds of thousands of leads, and then store them digitally as evidence that can be used in court – for decades to come: Because as we know, there is no statute of limitations for core international crimes.

I am certain that, one day, we will see trials for war crimes at the International Criminal Court against the highest ranks of leadership in Russia. We will arrest perpetrators when they come to Europe. But we will also call on a post-Putin Russia to extradite suspected war criminals to The Hague.

Impunity for these crimes would represent a historic failure of international law. We will do all we can to avoid this.

In Germany, we take the mandate to prosecute crimes under international law very seriously – not least because of our own history.

Above all, we have managed to demonstrate this in recent years with regard to the crimes against humanity committed by the regime in Syria, and in respect of the genocide, crimes against humanity and war crimes committed in Syria and Iraq by the so-called "Islamic State". The world's first proceedings against officials belonging to the Assad regime for crimes against humanity were held before Koblenz Higher Regional Court.

We – all of us, in the free world – prosecute wrongdoing, and we do so firmly grounded in the law, according to the strict rule-of-law principles that we always apply.

We adhere to the fair trial principle. We try each case and adjudicate in accordance with the law – the very law that these lawbreakers hold in contempt. We grant them their due rights – the same rights they themselves systematically denied others. In a state governed by the rule of law, they retain their dignity as a person – the same dignity they deprived their victims of.

In the face of Putin's attack on law and justice, we must not deviate from our own legal standards by even a hair's breadth. Because this would itself be a small victory for Putin. And we cannot let that happen.

Dear friends,

Inter arma silent leges – In times of war, the law falls silent. That was once true, but it is no longer.

In times of war, the law will make itself heard! This must be our message today.

International criminal law is built upon on a powerful promise: That crimes under international law must not go unpunished.

We are here today because we want to fulfil that promise.
Thank you very much!

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