Explosive lawsuit

Deadly US drone flights: Germany complicit?

(Bild: stock.adobe.com/Photocreo Bednarek)

Numerous US Air Force drone missions - including so-called kill missions - are carried out from Ramstein Air Force Base in the German state of Rhineland-Palatinate. Two plaintiffs from Yemen believe that the German government has a duty to prevent the killing of civilians under international law. The highest court in Karlsruhe must now decide on this controversial issue.

The government believes that the lawsuit jeopardizes Germany's ability to act in foreign policy. If Germany is obliged to "control operations worldwide according to the standards of its own understanding of international law" simply because of the deployment, this would have considerable consequences for its military alliance capability, said State Secretary of Defense Thomas Hitschler on the sidelines of the hearing, which began on Tuesday in Karlsruhe. "A strong presence of American troops in Germany is indispensable," he warned against a withdrawal of US troops should the constitutional complaint be successful. 

The Ramstein base coordinates combat drone missions not only in Yemen, but also in Iraq, Afghanistan and Pakistan.

(Bild: APA/AFP)

Lawyer: "The lives of the complainants are at stake"
The lawyer for the Yemeni citizens, who were not present in Karlsruhe, said: "It is about nothing less than the lives of the complainants." Two of their close relatives had been killed in a drone strike against Al-Qaeda members in 2012, including a cleric. As civilians, they too lived in constant fear. Germany is a link for these missions and must ensure the protection of civilians under international law. 

Even before the hearing, the Ministry of Defense had pointed out that the US drones are not launched, controlled or commanded from Germany. Instead, data for remote control of the drones is supplied via a satellite relay station in Ramstein. In addition, the German government has repeatedly obtained assurances that the US armed forces are complying with applicable law. 

Verdict expected in a few months
The Second Senate of the court questioned both the plaintiff and the government side for more than two hours on Germany's duty to protect the compliance of third countries abroad with international humanitarian law. Three years ago, the judges in Karlsruhe ruled that German authorities such as the Federal Intelligence Service must also respect German fundamental rights abroad. However, whether Germany also has a duty to protect when third countries operate abroad, provided they maintain a base in Germany, was left open at the time. The court must now decide this. The judgement is expected in a few months.