On the Relationship Between German International Criminal Law and Counter-terrorism Criminal Law.

The article examines the increasing intertwining of German international criminal law and counter-terrorism criminal law, particularly in cases related to the Syrian conflict. It highlights how Germany’s counter-terrorism provision on membership in terrorist organizations, which includes groups committing genocide, crimes against humanity, and war crimes, overlaps with international criminal law but applies only to non-state armed groups, excluding state actors. This normative integration expands the scope of German international criminal law beyond traditional international law frameworks but raises concerns about blurring conceptual distinctions and reinforcing asymmetrical prosecution that focuses disproportionately on non-state actors. The article concludes by suggesting reforms to better balance the prosecution of state and non-state actors and to clarify the distinct roles of counter-terrorism and international criminal law in contemporary conflict situations.