The development of German jurisprudence on individual compensation for victims of armed conflicts the Kunduz case
- In December 2013, the Court at first instance in Bonn ruled on whether Germany is required to pay compensation to victims of the International Security Assistance Force airstrike ordered by a German colonel in 2009 in Kunduz. Whereas the traditional approach rejects liability of the government for sovereign acts in armed conflicts, the Court held that the rules of German governmental liability (Amtshaftung) do-in principle-apply to illegal sovereign acts in contemporary armed conflicts. However, the Court did not admit the claim on its merits. This judgment can, nonetheless, be placed within the line of questions regarding international relations to be resolved by law and not politics. This article examines the history of German jurisprudence regarding victims' compensation for harm suffered resulting from violations of international humanitarian law. It summarizes and assesses the Kunduz judgment and explains why applying legal liability to the government for sovereign acts in bello is a logical step in the development of the rule ofIn December 2013, the Court at first instance in Bonn ruled on whether Germany is required to pay compensation to victims of the International Security Assistance Force airstrike ordered by a German colonel in 2009 in Kunduz. Whereas the traditional approach rejects liability of the government for sovereign acts in armed conflicts, the Court held that the rules of German governmental liability (Amtshaftung) do-in principle-apply to illegal sovereign acts in contemporary armed conflicts. However, the Court did not admit the claim on its merits. This judgment can, nonetheless, be placed within the line of questions regarding international relations to be resolved by law and not politics. This article examines the history of German jurisprudence regarding victims' compensation for harm suffered resulting from violations of international humanitarian law. It summarizes and assesses the Kunduz judgment and explains why applying legal liability to the government for sovereign acts in bello is a logical step in the development of the rule of law.…
