GERHART BAUM
GERHART BAUM
The war of aggression on Ukraine has finally brought the post-war period to an end. A turning point has begun and has raised fundamental questions: What does the invasion of Ukraine mean for law and international law – and what can law now achieve.
This war is not a regional conflict that can be ended quickly. It is an attack on the peace order founded in 1945 within the "Charter of the United Nations". The goal is set out in the first chapter of the Charter: the peoples of the world should in future be saved from the "scourge of war". After the global conflagration unleashed by the Nazis, for the first time peacekeeping and the protection of human rights were brought together into an inseparable relationship. It had become clear: Peace without the protection of human rights is not possible. Universal rights to a dignified life were established. In the wake of the catastrophe in 1945, a shocked humanity came to its senses. Contempt for human rights, it was noted, had led to barbaric acts which, according to the 1948 Universal Declaration of Human Rights: "have outraged the conscience of mankind". Yes indeed, there is a "conscience of mankind". Human rights were intended to ensure the rule of law and not be surrendered to the law of the strongest.
The fact that humanity has repeatedly violated this order over the decades does not diminish its importance. It was the standard. It has not been questioned in its essence, not even by the worst war criminals. They simply denied having violated this order.
With the war of aggression on Ukraine, Russia has not only violated this legal order, but quite openly no longer recognises it for itself. And that is significant: Russia is a permanent member of the Security Council, the task of which is to secure the peace of the world. Russia has a veto in this body and Russia has nuclear weapons with which it is now using to threaten its opponents. Moreover, this is all happening with the acquiescence of China, another permanent member of the Security Council with a veto power and also a nuclear power. A hitherto unknown taboo has thus been broken. A red line has been crossed. Something that not even the Soviets had dared to do back then.
We find ourselves today in the midst of a global confrontation: does this order of international law still apply or are we falling back to pre-1945 times? It is Ukraine that is now defending our values. She must not fall, otherwise we will fall with her.
This attack on international law becomes even more evident if we examine the motives of the aggressor. This is strongly recommended so as not to be under the illusion once again that with this invasion everything is finished. Putin envisages the emergence of a new world order. Europe is to be destabilised and – as has been said – "re-organised". So far, however, this has failed. In fact, quite the reverse has happened: Europe and NATO are moving closer together.
Law can also be regarded as a weapon in the fight against the aggressor. Sabine Leutheusser-Schnarrenberger and I have been using Germany's international criminal law, which has been in force since 2002, with this very aim in mind. In an extensive dossier, we have recorded atrocities in Mariupol and Bucha, for example. We have matched these against the legal provisions and named groups of perpetrators. We have sent this material to the Federal Prosecutor General. We now very much hope that he will not only continue his systemic investigations, but also will soon indict individual perpetrators and issue arrest warrants. Let it be a signal in the middle of the war. All perpetrators, especially those at command level, should be made aware that they can be prosecuted as war criminals under German international criminal law. The importance of this procedure is not diminished by other activities, such as those of the International Criminal Court. German international criminal law is a mandate to the German judiciary.
The lawyers in this publication live in great danger when they defend freedom fighters. The least that can happen to them is that they have their licence revoked. All too often however, they end up in a penal camp together with their clients. At the end of last year, my wife and I started a fundraising campaign for the persecuted Belarusian lawyers with our charitable foundation – the "Gerhart and Renate Baum Foundation". This also garnered the support of the German Bar Association. We would like to express our gratitude for this. Help is still needed. We know more than 50 lawyers from Belarus alone who are in need of help. More help is urgently needed!
After so much gloom, I would like to conclude with an optimistic outlook. There is light at the end of the tunnel. Now an old man, a very old man, I have experienced how our society has coped with major crises. The war images of Ukraine – these were also the war images of my childhood in a destroyed Dresden, a city whose fire-storm I survived. We were refugees, confronted with death, hunger and hardship, just as many others are suffering today.
But look at all we have achieved since then: the unprecedented reconstruction of our country – morally, politically and economically. The inclusion and integration of millions of refugees time and time again – right up to today. European unity is a success model, but only if it continues to be developed vigorously. The liberation and reconstruction of the former GDR and Eastern Europe was a significant achievement. We simply need the courage now to rethink the future. A young Ukrainian said recently in the ZEIT newspaper, alluding to Helmut Schmidt: "If you don't have a vision, you need to see a doctor."
Yes indeed, we need this willingness to change, with courage, sobriety and an element of passion. 1945 – yes indeed, that was also a vision – a vision with some impact. We, the lawyers, must also act. Let us uphold our Basic Law, a constitution the likes of which Germans who came before us never had! Let us uphold our human rights!
The war of aggression on Ukraine has finally brought the post-war period to an end. A turning point has begun and has raised fundamental questions: What does the invasion of Ukraine mean for law and international law – and what can law now achieve.
This war is not a regional conflict that can be ended quickly. It is an attack on the peace order founded in 1945 within the "Charter of the United Nations". The goal is set out in the first chapter of the Charter: the peoples of the world should in future be saved from the "scourge of war". After the global conflagration unleashed by the Nazis, for the first time peacekeeping and the protection of human rights were brought together into an inseparable relationship. It had become clear: Peace without the protection of human rights is not possible. Universal rights to a dignified life were established. In the wake of the catastrophe in 1945, a shocked humanity came to its senses. Contempt for human rights, it was noted, had led to barbaric acts which, according to the 1948 Universal Declaration of Human Rights: "have outraged the conscience of mankind". Yes indeed, there is a "conscience of mankind". Human rights were intended to ensure the rule of law and not be surrendered to the law of the strongest.
The fact that humanity has repeatedly violated this order over the decades does not diminish its importance. It was the standard. It has not been questioned in its essence, not even by the worst war criminals. They simply denied having violated this order.
With the war of aggression on Ukraine, Russia has not only violated this legal order, but quite openly no longer recognises it for itself. And that is significant: Russia is a permanent member of the Security Council, the task of which is to secure the peace of the world. Russia has a veto in this body and Russia has nuclear weapons with which it is now using to threaten its opponents. Moreover, this is all happening with the acquiescence of China, another permanent member of the Security Council with a veto power and also a nuclear power. A hitherto unknown taboo has thus been broken. A red line has been crossed. Something that not even the Soviets had dared to do back then.
We find ourselves today in the midst of a global confrontation: does this order of international law still apply or are we falling back to pre-1945 times? It is Ukraine that is now defending our values. She must not fall, otherwise we will fall with her.
This attack on international law becomes even more evident if we examine the motives of the aggressor. This is strongly recommended so as not to be under the illusion once again that with this invasion everything is finished. Putin envisages the emergence of a new world order. Europe is to be destabilised and – as has been said – "re-organised". So far, however, this has failed. In fact, quite the reverse has happened: Europe and NATO are moving closer together.
Law can also be regarded as a weapon in the fight against the aggressor. Sabine Leutheusser-Schnarrenberger and I have been using Germany's international criminal law, which has been in force since 2002, with this very aim in mind. In an extensive dossier, we have recorded atrocities in Mariupol and Bucha, for example. We have matched these against the legal provisions and named groups of perpetrators. We have sent this material to the Federal Prosecutor General. We now very much hope that he will not only continue his systemic investigations, but also will soon indict individual perpetrators and issue arrest warrants. Let it be a signal in the middle of the war. All perpetrators, especially those at command level, should be made aware that they can be prosecuted as war criminals under German international criminal law. The importance of this procedure is not diminished by other activities, such as those of the International Criminal Court. German international criminal law is a mandate to the German judiciary.
The lawyers in this publication live in great danger when they defend freedom fighters. The least that can happen to them is that they have their licence revoked. All too often however, they end up in a penal camp together with their clients. At the end of last year, my wife and I started a fundraising campaign for the persecuted Belarusian lawyers with our charitable foundation – the "Gerhart and Renate Baum Foundation". This also garnered the support of the German Bar Association. We would like to express our gratitude for this. Help is still needed. We know more than 50 lawyers from Belarus alone who are in need of help. More help is urgently needed!
After so much gloom, I would like to conclude with an optimistic outlook. There is light at the end of the tunnel. Now an old man, a very old man, I have experienced how our society has coped with major crises. The war images of Ukraine – these were also the war images of my childhood in a destroyed Dresden, a city whose fire-storm I survived. We were refugees, confronted with death, hunger and hardship, just as many others are suffering today.
But look at all we have achieved since then: the unprecedented reconstruction of our country – morally, politically and economically. The inclusion and integration of millions of refugees time and time again – right up to today. European unity is a success model, but only if it continues to be developed vigorously. The liberation and reconstruction of the former GDR and Eastern Europe was a significant achievement. We simply need the courage now to rethink the future. A young Ukrainian said recently in the ZEIT newspaper, alluding to Helmut Schmidt: "If you don't have a vision, you need to see a doctor."
Yes indeed, we need this willingness to change, with courage, sobriety and an element of passion. 1945 – yes indeed, that was also a vision – a vision with some impact. We, the lawyers, must also act. Let us uphold our Basic Law, a constitution the likes of which Germans who came before us never had! Let us uphold our human rights!
Outlook