Well the way German law works out that it comes down to established historical fact. As in, the professional consensus of historians, heard as expert witnesses. The wording of the law is (paraphrased) “Acts committed by the NS regime that fulfil the UN definition of genocide”, the historians decide what happened, who did it, judges decide whether it fits the definition. Invoking precedence, in German law, is like invoking someone’s doctoral thesis on a matter of law: It’s a piece of reasoning judges will have to take into account because it’s an argument before court but it’s by no means binding. As such having an ICJ judgement will be helpful, but it does need to be up to standards.
Well the way German law works out that it comes down to established historical fact. As in, the professional consensus of historians, heard as expert witnesses. The wording of the law is (paraphrased) “Acts committed by the NS regime that fulfil the UN definition of genocide”, the historians decide what happened, who did it, judges decide whether it fits the definition. Invoking precedence, in German law, is like invoking someone’s doctoral thesis on a matter of law: It’s a piece of reasoning judges will have to take into account because it’s an argument before court but it’s by no means binding. As such having an ICJ judgement will be helpful, but it does need to be up to standards.