The ever-reliable Karl Lenz reports:
I have just looked at the criminal complaint filed by the Center for Constitutional Rights against high-ranking Americans with the German Federal Prosecutor’s Office under the 2002 German Code of Crimes against International Law, asserting liability for torture at Abu Ghraib.
Under German law, even if the Federal Prosecutor should be not inclined to initiate an investigation, the plaintiffs can appeal that decision to a court. If the plaintiffs don't change their minds for some reason, this is heading to court one way or the other.