Femicides

The term femicide was coined in 1976 by feminist activist and sociologist Diana EH Russell. She wanted to clearly distinguish the killing of women based on their gender from other homicides.

While the term has only recently entered public debates in Germany and Europe, femicides have been the subject of feminist protests in Latin America for decades. There, the related term Femicide The term emphasizes state responsibility for gender-based killings and the fact that perpetrators often go unpunished.

In Germany, there is currently no nationwide or state-wide definition of femicide. Therefore, it is difficult to quantify the actual number of femicides. Femicides are not recorded separately in police crime statistics. Nor are killings, for example, of children or new partners committed in connection with femicides or intimate partner violence.

In 2024, the Federal Criminal Police Office (BKA) published the Federal situation report on gender-based violence. It attempts to approximate the number of femicides using police data.

According to the report, a woman or girl was killed almost every day in Germany in 2023 (360 cases). In total, there were 938 attempted murders.

Many of the killings are extreme forms of domestic violence: 92 women killed were victims of domestic violence, 155 of intimate partner violence. Women are at particularly high risk of being killed if they have announced a separation or have just separated.

In addition to police data, various feminist projects have been trying for many years to record femicides based on media reports.

In Germany, femicides are prosecuted like other homicide offenses, i.e., as murder (Section 211 of the German Criminal Code) or manslaughter (Sections 212 and 213 of the German Criminal Code). There is no separate offense for femicide in German criminal law, as exists in Mexico or Guatemala, for example.

It is problematic that femicides in the context of intimate partner violence—especially after separations—are often not classified as murder. In practice, courts often fail to consider that violent relationships are characterized by power and control. Instead, the perpetrator's feelings of loss and supposedly justified claims of ownership regularly act as mitigating factors.[1] This contradicts the legal requirements of international agreements such as the Istanbul Convention.

[1] As recently as 2004, the Federal Court of Justice (BGH) argued in a ruling that assessing the motives for the crime as "low" (a criterion for qualifying it as murder) seemed questionable "if [...] the separation originates from the victim and the accused, through the crime, deprives himself of what he actually does not want to lose." See BGH ruling of May 15.05.2003, 3 - 149 StR 03/2004, NStZ 34, XNUMX.

Contrary to what is often conveyed in the public and media, femicides are not usually committed in the heat of the moment. Rather, current research reveals[2]that the killings are often meticulously planned and follow recognizable patterns. Therefore, the risk women face at any given time in violent relationships is clearly visible.

However, this requires interdisciplinary risk management in cases of violence. This includes, among other things,

• systematic risk analyses by the police, advice centres, etc.,
• established intervention chains after violent operations
• as well as regular case conferences in which the police, judiciary and support system deal with high-risk cases together.

While there are already well-established mechanisms for this in some federal states, such as Rhineland-Palatinate, risk management in other federal states is in dire need of further development.

Preventing femicides in the long term, however, requires a holistic approach. This must encompass both the prevention of violence and the legal and social protection of women in violent situations—in other words, effective intervention.

1. Early prevention: Early signs of domestic violence must be recognized and effectively addressed. Education in schools and the promotion of equality in all areas of society are crucial.
2. Stronger support for victims: Women affected by violence need better access to counseling centers, women's shelters, and legal support. A comprehensive range of support services must ensure that women can receive rapid assistance in an emergency.
3. Structural changes: Profound social and cultural changes are needed to sustainably combat gender-based violence. Recognizing femicide as a distinct social problem, not just as individual acts, is an important step in this direction.
4. Raising public awareness: Society must become aware of the magnitude of the problem. The media, politicians, and civil society are called upon to address the issue sensitively, recognize the structural connections, and assume responsibility.

[2] See, among others, the groundbreaking research of Jane Monckton-Smith, e.g., "In Control. Dangerous Relationships and how they end in murder" (2021).