„Famine Crimes and Forced Starvation“ – Aushungern als Methode der Kriegführung – ein Plädoyer für die Verfolgung von Verbrechen nach § 11 I S. 1 Nr. 5 VStGB

The increase of incidents of intentional starvation of civilians in the context of armed conflicts gives rise to numerous concerns. The phenomenon of intentionally preventing civilians to dispose of objects indispensable to their survival is not only limited to brutal regimes and dictatorships but is used by rebel groups exercising de facto control, as for example in Yemen, as well. Generally, a constituent link seems to exist between the scarcity of water, foodstuffs, and armed conflicts. However, starvation as a consequence of war, hostilities or destruction and the intentional creation of starvation as a method of warfare are intrinsically different matters. The present article aims to explain the basics, as well as the current peculiarities of prosecuting the so-called „famine crime“. Although customary international law clearly establishes the prohibition of starving the civilian population in both international and non-international armed conflicts, there remain difficulties in proving the requisite standard of mens rea, the findings of jurisdiction and enforcement of judicial measures, both at the International Criminal Court as well as in national courts. Recent activities of German law enforcement agencies suggest, there may be new options on the horizon.