Karl Münter is being probed following a TV interview last year where he made inflammatory comments and disputed the murder of six million Jews in the Holocaust.
The man was sentenced to death in France in absentia in 1949 and therefore can no longer be prosecuted for the killings again, according to the BBC.
The EU law also bars a member of one state of being accused of a crime that he has already been convicted in another state, meaning he cannot face the crimes for killings in France also because the statute of limitations has already expired.
Münter participated in the killings of the village of Ascq in April 1944, where men and boys were dragged to a railway and shot up, with the youngest victim being just 15 years old.
A photo taken on Decembre 5, 2018 in Villeneuve-d’Ascq, northern France, shows a reproduction of a photograph showing coffins after the massacre of Ascq in 1944 during WWII. (AFP/Getty Images)
He was a 21-year-old junior squad leader at the time of the killings and was identified as the suspect together with 16 other killer Nazis, who were either sentenced to death and later pardoned or sentenced to death in absentia.
But despite not being able to face charges for the killings, German authorities are pointing to Münter’s TV interview where he made inflammatory remarks and investigating whether he incited hatred and is guilty of hate speech.
In the interview last year, he blamed the victims for the massacre, saying the victims tried to run away from the Nazi death squad, and denied firing a shot, insisting he carried out only the arrests.
“If I arrest the men I’m responsible for them. And if they run away I have the right to shoot them,” he said, according to the BBC. “Why should I regret it?” he said when asked about his participation in the war crimes. “I didn’t fire a shot.”
Münter also gained prominence among Neo-Nazis for his comments disputing the murder of Jews in the Holocaust.