The prosecutors in the forthcoming 9/11 trials in New York will be seeking the death penalty if the five defendants are found guilty. That could pose a problem for Germany, which is supplying vital evidence for the prosecution.

The U.S. government could have hardly picked a more symbolic venue for the trial of its worst enemies. With its colonnade of Corinthian pillars, the 27-story U.S. Courthouse in Lower Manhattan is a daunting fortress of justice. On Sept. 11, 2001, judges and court clerks gathered on the upper floors of the building were able to observe the impact of the second jet that crashed into the World Trade Center, just a few blocks away.

The men accused of orchestrating the 9/11 attacks will soon be put on trial here, not far from the scene of the crime. Next year federal prosecutors in New York are expected to read indictments against Khalid Sheikh Mohammed, Ramzi Binalshibh and three other alleged conspirators. They will be transferred from the detention facility at the U.S. naval base in Guantanamo Bay, Cuba, to a courtroom less than a mile from Ground Zero, where they will receive a fair trial instead of facing a military tribunal. U.S. Attorney General Eric Holder's decision to try the suspects in a civilian court has made international headlines and prompted sighs of relief in many parts of the world.

No Capital Punishment in Germany

But it looks like the upcoming trial will cause headaches for Germany. Holder and U.S. President Barack Obama have announced that they intend to seek the death penalty if the five defendants are found guilty. German law prohibits capital punishment, yet evidence provided by German investigators will play a key role in the trial.