Bundestag Abolishes Statute on Genocide, Postpones Statute on Murder Until 1979

The Bundestag today passed bills abolishing the statute of limitations for the crime of genocide and postponing the statute of limitations for murder for 10 years. But the nature of the legislation is such that an estimated 95 percent of Nazi war criminals will avoid prosecution for murder and none will be brought to justice for genocide. The genocide measure refers only to future instances. Past genocide–that committed during the Nazi era–is specifically exempt from prosecution on grounds that the abolition of the statute of limitations cannot be applied retroactively.

The statute of limitations for murder will become effective in 1979 instead of on Dec. 31, 1969 as heretofore scheduled. Only Nazis charged with premeditated murder, who comprise only five percent of all war criminals will be subject to prosecution. The balance are charged with aiding in murder on the orders of superiors. They have already been granted amnesty by virtue of an article in the new West German penal code which grants amnesty to any civil or criminal offender whose offense was unpremeditated and not “willful.” The article originally applied mainly to traffic violators and other minor offenders against public order. But West Germany’s highest court decreed last month that it was also applicable to war criminals.