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Rechtsstaat in Lectures - Lecture No. 4

Transitional Justice: The German Experience After 1989

The contribution by Lawyer Markus Rau analyzes the verdicts by the German Federal Court of Justice, the Federal Constitutional Court and the European Court of Human Rights in the so-called “Mauerschützenfällen”, i.e. those cases in which persons responsible for the killings at the inner-German border had been sanctioned by criminal law. The article is based on a speech given by the author during the 2nd German-Romanian Criminal Law Conference in Bucharest on 10 March 2007. The conference had been organized by the Rule of Law Program SEE and the German-Romanian Lawyers’ Association.