German court set to rule in Afghan fratricide case heard under substitute jurisdiction
The Landgericht Hanau will deliver its verdict on Monday in the trial of a 70-year-old Afghan man accused of shooting his brother in Kandahar in 2015, a case brought in Germany under a special clause permitting substitute criminal prosecution.
A trial that has run for nearly a year reaches its conclusion today as the Hanau regional court announces its decision in the case of a fatal family feud that began in southern Afghanistan. The defendant, a 70-year-old Afghan national who lived in the Hanau district of Großauheim, is charged with murdering his younger brother in October 2015 in Kandahar. Prosecutors allege the killing was premeditated and driven by greed linked to a dispute over land inheritances.
The prosecution's case
The state attorney's office is relying heavily on the testimony of a witness who was eleven years old at the time of the incident. Now 22, he told the court he directly observed the shooting in Kandahar. The defendant has consistently denied the charge throughout the proceedings, which have been under way since the middle of 2025.
How the case came to light
The investigation began after the victim's son and daughter accidentally recognized their uncle, the accused, at a mosque in Frankfurt. The siblings, who had relocated to Germany, subsequently alerted authorities, triggering a legal process that moved to the German court system.
Why the trial took place in Germany
Germany is able to prosecute the case because of a provision in the criminal code that allows "stellvertretende Strafrechtspflege" (substitute criminal justice). German authorities determined that fair, rule-of-law criminal proceedings are not possible in Afghanistan, so the usual principle of territorial jurisdiction of the courts was set aside. This legal mechanism has been invoked only rarely and highlights the challenges of pursuing accountability for serious crimes committed in conflict-affected regions.
What to expect on Monday
The verdict is scheduled to be read at 13:00 at the Landgericht Hanau. While the trial has drawn limited public attention, it underscores the intersection of transnational justice, family tragedy, and domestic legal measures designed to fill gaps in international criminal accountability. A conviction under the charge of murder would carry a sentence of life imprisonment under German law.
