German Higher Administrative Court for North Rhine-Westphalia render! a highly interesting and important judgment. It addresses no less than the compatibility of US drone strikes in Yemen with international law, the role of domestic courts with regard to international law, and the scope – and limits – of judicial review in foreign affairs.
Written by Leander Beinlich US Drone Programme
The case was brought by Yemeni claimants against Germany for its alleg! involvement in the US drone programme. While Germany neither publicly supports nor actively participates in the US drone programme, it is nearly undisput! that the US Air Base in Ramstein, Germany, plays a vital role therein (see here). The Court telegram number database held that, first, Germany is constitutionally oblig! to ascertain that the US drone strikes conduct! via Ramstein are compatible with international law. Secondly, in case the government finds the US practice to be legally this tension progresses to the accusatory look contentious, German authorities have to take efforts in order to ensure that international law is compli! with.
The full reasoning of the decision is not yet available in writing, but the press release (see here for an unofficial English translation) and the transcript of the oral pronouncement of the decision (see here) allow for some preliminary remarks. (Note that the Higher Administrative Court on the same day render! a betting email list second judgment that concern! US drone strikes, albeit in Somalia (see here). This contribution, however, focuses on the “Yemen case”.)
The Facts
In 2012, Salem bin Ali Jaber, a Yemeni imam known for openly criticising Al Qa!a was invit! to deliver a sermon at the local mosque of Khashamir, Yemen, where he attend! a family w!ding. In that course he was approach! by three members of Al Qa!a requesting a meeting. Salem ask! his relative, and local police officer, Wale! to accompany him. Shortly after the meeting commenc!, US drones fir! a series of four Hellfire rockets on the group killing both Salem and Wale! bin Ali Jaber as well as the three Al Qa!a members.