Focus Rule of Law: “Dance Theater” over the graves of the war dead at the military cemetery in Vossenack is not unlawful (Published on 15/09/2025)
I. Political efforts to introduce a »new military service« in Germany
The German federal government is seeking to introduce a »new military service« and has recently presented [archive link] the so-called »Wehrdienst-Modernisierungsgesetz« (»Military Service Modernization Act«, »WDModG«), with the aim of »strengthening the active forces« and the reserves through a »meaningful and attractive service« (all citations in this article are translated from German language).
The aim of the new military service is also said to be [archive link],
“…giving young people the opportunity for commitment to Germany. It’s about taking on responsibility. To this end, the Bundeswehr wants to offer a model of military service that is meaningful and attractive to young people, inspires them, and opens up new perspectives for them.”
In a brief statement, the German federal government places considerable emphasis on the fact that this service should “initially be voluntary,” that it “initially relies on voluntary participation,” that it will remain “voluntary for the time being,” and that “voluntary participation should be relied upon for as long as possible” (emphases added) – but adds that, if necessary,
“…a compulsory conscription into military service could be established by means of a statutory order with the approval of the Bundestag”
which clearly shows what is actually intended. The following note [archive link] (emphasis added) is also telling:
“Compulsory conscription, in principle, remains in place but has had no practical consequences in peacetime so far.”
When a German government once again attempts to rearm and increase military recruitment, portrays military service as »meaningful and attractive«, and promotes a »commitment to Germany« through service in the armed forces, one should sit up and take notice, remembering the serious consequences this attitude has had for this country and the world in the past and continues to have today.
The military cemeteries, officially referred to as »Kriegsgräberstätten« (»war grave sites«) which are found throughout Germany and where victims of both world wars were buried, are particularly suitable for this purpose.
II. The graves of the victims as a reminder of the consequences of war and tyranny
The graves located in these cemeteries are those of victims of war and tyranny within the meaning of sec. 1(2) of the German Gräbergesetz (Graves Act, »GräberG«), who are to be commemorated in a special way and who serve, not least, to »keep alive the memory for future generations of the terrible consequences of war and tyranny« (cf. sec. 1(1) GräberG). The German federal states are responsible for preserving the graves of victims of war and tyranny located in their territory, in particular for maintaining and keeping them in order (cf. sec. 5(3) GräberG).
The treatment of the mortal remains of people killed in war is also part of the Geneva Conventions, which, in the »Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)« of 08/06/1977, stipulate, among other things, that the graves of war victims must be respected. The Geneva Conventions are applicable law in Germany which, according to Art. 25 of the German Grundgesetz, takes precedence over national laws as part of what is known as »international humanitarian law«.
This should be kept in mind as a background to the events described below, which took place on Remembrance Day 2023 at the military cemetery in Vossenack, where, according to Volksbund Deutsche Kriegsgräberfürsorge e.V. (the German War Graves Commission), 2,334 war dead are buried. These dead include numerous foreign nationals, among them, in all likelihood, forced laborers, civilian victims who died in the fighting, including children, and a number of men who lost their lives in local mine clearance operations after the Second World War.
III. The »Dance Theater« of the District of Düren and Volksbund Deutsche Kriegsgräberfürsorge e.V. on 17/11/2023
The military cemetery in Vossenack and the cemetery in Hürtgen, located 5 km away, where according to Volksbund 3,001 war dead are buried, are under the jurisdiction of the District of Düren, headed by District Administrator Wolfgang Spelthahn (CDU), who is currently suspended due to allegations of corruption. Under his responsibility, remarkable orders have repeatedly been issued with regard to these cemeteries under the guise of a so-called »modern culture of remembrance«, orders that are highly questionable in light of the Geneva Conventions, including a ban on laying flowers and candles as well as photos of the fallen in uniform. Legal action taken against this “flower ban” has so far been unsuccessful, most recently before the State Constitutional Court of North Rhine-Westphalia.
The (so far) sad highlight was the so-called »Dance Theater« on Remembrance Day 2023, a joint evening event organized by the district association of Volksbund Deutsche Kriegsgräberfürsorge and the District of Düren, in which students from the neighboring high school were called to dance on the colorfully lit and loud music-filled grave site directly above the graves of the war dead. Several hundred spectators at the event were allowed to trample on the graves at will in the semi-darkness.
A detailed description including video recordings of the event is available here.
IV. Criminal complaint of 31/01/2024
In Germany, graves are also protected by criminal law. Sec. 168 of the German Criminal Code (»StGB«), which deals with crimes against religion and ideology, protects the peace of the deceased against disturbance; it also protects their burial sites and public memorials from damage, destruction, or »insulting mischief«. The purpose of this protection is not only to respect the feelings of the relatives, but also to uphold the right of the deceased to be treated with respect beyond their death and to preserve the feelings of reverence of the general public. As part of the offenses of defamation, sec. 189 StGB protects against the denigration of the memory of the deceased. Here, too, the primary purpose of protection is the sense of reverence of the relatives and of the human dignity of the deceased person beyond death.
With regard to the aforementioned »Dance Theater« of the District of Düren and Volksbund Deutsche Kriegsgräberfürsorge, a criminal complaint (excerpt) was filed from here on January 31/01/2024, on suspicion of a violation of the peace of the dead (sec. 168(2) StGB) and denigrating the memory of the deceased (sec. 189 StGB) by, among other things, allowing dancing over the graves, erecting stages and platforms there, illuminating the military cemetery with spotlights and playing music there, as well as allowing the uncontrolled influx of visitors over the grave field.
In terms of sec. 168(2) StGB, this was justified as follows:
“The staging of a »Dance Theater« directly above the graves of a military cemetery is a serious violation of reverence, because the victims of war and tyranny within the meaning of sec. 1(2) GräberG (see para. 2) buried in these graves are thereby degraded to the backdrop of a kind of »theater performance«. Dancing is, by its very nature, an expression of good cheer and a relaxed atmosphere, which is completely out of place and inappropriate in a cemetery from the outset. This is also expressed in the cemetery rules, which generally stipulate that visitors to the military cemetery must »behave in a manner befitting the dignity of the place« (cf. sec. 4 no. 1 FO 2022) and expressly prohibit »making noise, playing games, or otherwise disturbing the peace of the dead (in particular music performances and the use of sound recordings)« (cf. sec. 4 no. 4 i) FO 2022).
If such »Dance Theater« is performed at the instigation of the organizers – including the District of Düren, which is responsible for the cemetery rules – on or above individual graves, this is, especially immediately before Remembrance Day, a so-called “silent holiday” (cf. sec. 6 FeiertagsG NW), a deliberate breach of taboo and also an expression of a certain contempt and mockery of the fate of the war dead buried there. Dancing on the graves of the dead shows decadent indifference, where respect for their human dignity (which is inalienable under the German Grundgesetz) demands silent reflection, remembrance, and sympathy. Such behavior lacks any sense of reverence and gives rise to an initial suspicion of disturbing the peace of the dead under sec. 168(2) StGB.”
The violation of sec. 189 StGB was justified as follows, among other things:
“The organizers’ permission to dance over the graves of the Vossenack military cemetery constitutes an expression of disrespect or disregard for the victims of war and tyranny within the meaning of sec. 1(2) GräberG who are buried there, because as an expression of joy and carefreeness (see para. 15), it stands in manifest contradiction to the fate of the war dead buried in a military cemetery, whose often miserable deaths – especially in view of their human dignity (which is inalienable under the German Grundgesetz) – give no cause for joy and carefreeness, but rather for consternation, sympathy, and remembrance.
In contrast, dancing on graves mocks the dead. It expresses such contempt for them that it is not considered inappropriate or disrespectful – especially before Remembrance Day, a “silent holiday” – to allow dancing on their resting place, thus counteracting the purpose of the graves and their special protection under sec. 1(1) GräberG. This is despite the fact that the District of Düren prohibits such behavior in its own cemetery rules (cf. sec. 4 no. 1, No. 4 i) FO 2022). Allowing dancing over the graves of the Vossenack military cemetery is a degrading treatment of the war dead buried there and a physical insult to their memory. This was done with full knowledge of the circumstances on the part of the organizers and was therefore intentional.”
V. Discontinuation notification by the Aachen Public Prosecutor’s office of 20/02/2024
In a decision dated 20/02/2024, the Aachen Public Prosecutor’s office informed me that it had closed the investigation due to lack of sufficient factual indications of a criminal offense. They did not go into detail about the allegations made in the criminal complaint, but limited itself to general statements.
They did not see a disturbance of the peace of the dead pursuant to sec. 168(2) StGB for the following reasons, among others:
“This is because there is no evidence of abusive mischief within the meaning of sec. 168(2) in the present case. In particular, not every violation of reverence constitutes mischief. Rather, the prerequisite insulting mischief is an act that displays a grossly inappropriate, crude attitude, which does not need to be directed directly against the place itself, but in which contempt for its distinguished character must be expressed, for example through sexual acts, daubing swastikas, or singing pornographic songs.”
Nor was there any defamation of the memory of the deceased under sec. 189 StGB,
“since in the present case there is no evidence of defamation – a gross and serious disparagement of the memory of the deceased – regardless of whether the conditions for prosecution under sec. 194(2) StGB are met.”
Surprisingly, they investigated the possibility of perversion of justice (sec. 339 StGB), but ultimately found no evidence to support this.
VI. Supervision appeal (“Fachaufsichtsbeschwerde”) of 05/03/2024
Citing the lack of consideration of the content of the criminal complaint and the unconvincing reasoning, a supervision appeal (excerpt) was filed against the discontinuation of the proceedings on 05/03/2024, requesting to reopen the investigation.
VII. Rejection of the appeal by the Cologne General Prosecutor’s Office of 05/04/2024
In an unsigned letter dated 05/04/2024, the Cologne General Prosecutor’s Office briefly announced that
“Neither your submission nor the sources cited provide sufficient factual evidence of criminal offenses in connection with the event held on 17/11/2023 at the Vossenack war grave site.”
The appeal was therefore rejected. The very fact that a letter was sent for which – due to the lack of a signature – no one apparently wants to take responsibility speaks for itself.
VIII. Supervision appeal of 12/04/2024
In view of the renewed complete failure to address the arguments put forward in the criminal complaint and in the appeal, the supervisory appeal was repeated on 12/04/2024.
IX. Rejection of the appeal by the Cologne General Prosecutor’s Office of 26/04/2024
In a decision dated 26/04/2024, the Cologne General Prosecutor’s Office rejected this appeal as well, this time by a different senior public prosecutor and in signed form, with a somewhat more detailed explanation. The usual procedure would demand the submission of the appeal to its own supervisory authority – the Ministry of Justice of the State of North Rhine-Westphalia – if the Attorney General’s Office does not consider it justified. However, this was avoided by reinterpreting the appeal as a so-called “counter-proposal”, which is limited to a review of its own decision without the involvement of the Ministry.
The content of the notice was remarkable.
A disturbance of the peace of the dead pursuant to sec. 168 (2) StGB was not recognized because
“…the memorial service was an authorized use of the cemetery grounds, as the organizers, the District of Düren and Volksbund Deutsche Kriegsgräberfürsorge e. V., are the owners or authorized users of the war grave site. The traces resulting from the authorized use – which were to be expected – therefore either do not constitute damage within the meaning of sec. 168(2) StGB or would in any case be covered by the consent of the authorized parties and thus justified (cf. Heuchemer in: BeckOK StGB, Section 168 marginal number 22 ff. with further references).
In view of the purpose of the event, the assumption that »insulting mischief« within the meaning of sec. 168 StGB was committed is also far-fetched.”
Regarding a criminal liability for defamation of the memory of deceased persons under sec. 189 StGB, it was simply stated:
“It is almost absurd to speak here (objectively and subjectively) of a defamation of the memory of deceased persons.”
Once again, no substantive legal examination was carried out with regard to the conduct described in the criminal complaint. Instead, the Cologne General Prosecutor’s Office limited itself to abstract assertions, supplemented by the blanket statement that criminal liability was »far-fetched« or »almost absurd«.
X. Supervision appeal of 27/05/2024
In order to obtain the assessment of the highest supervisory authority, the Ministry of Justice of the State of North Rhine-Westphalia, a supervision appeal was also lodged against the decision of the General Prosecutor’s Office on 27/05/2024, requesting, with reference to the blanket nature of the decisions of 05 and 26/04/2024, a complete legal assessment of the reported facts.
XI. Rejection of the appeal by the Ministry of Justice of the State of North Rhine-Westphalia of 03/07/2024
In a decision dated 03/07/2024, the appeal was rejected with reference to the decisions of the Cologne General Prosecutor’s Office. It was stated that the facts of the case had now been »repeatedly examined«, and further submissions on the matter would therefore no longer be considered without new factual arguments – a surprising statement, given the very cursory examination of the detailed content of the criminal complaint.
XII. Assessment
As a result, it should be noted that, in the opinion of the Aachen Public Prosecutor’s Office, the Cologne General Prosecutor’s Office, and the Ministry of Justice of the State of North Rhine-Westphalia, it is neither a disturbance of the peace of the dead nor a denigration of the memory of the deceased when dancing is performed over the graves of war victims, which are specially protected by the Geneva Conventions and by the German Graves Act, when stages and platforms are erected above them, when the cemetery in question is illuminated with spotlights and loud music is played, and when the organizers allow hundreds of people to trample over these graves.
If, on the one hand, one considers the political efforts outlined at the outset to introduce a – only »initially voluntary« – »new military service« and contrasts it with the described treatment of the graves of victims of war and tyranny, who deserve special remembrance and whose graves serve, not least, to »keep alive for future generations the memory of the terrible consequences of war and tyranny« (cf. sec. 1(1) GräberG), this clearly shows the relevance that is really attributed to human beings and human dignity here. The fact that, on the one hand, military service is promoted as supposedly »meaningful and attractive« while, at the same time, the memory of those men, women, and children who lost their lives in wars in the past is scornfully trampled underfoot says it all.
One can only counter the political campaigning for new soldiers all the more emphatically with the motto that has been unchallenged in Germany for decades following the painful experiences of the Nazi dictatorship and the Second World War:
No more war.
(Head picture: German military cemetery Vossenack, August 2022)
If you wish to support my work, you can do so here. Many thanks!