Definition
Administrative action
An administrative action is a legal action concerning the conduct of a public administrative body.
Show MoreIn the summer of 2012, two members of the bin Ali Jaber family were killed and many survivors traumatized in a drone attack in the Yemeni village of Khashamir. The US Ramstein Air Base in Germany played an important role in the attack. The German government’s response has been to deny any knowledge of or joint responsibility for the death of these and other civilians from US drone attacks.
In March 2019, the Higher Administrative Court in Münster, Germany, ruled that the German government must take action to ensure the US respects international law in using the Ramstein Air Base. The court found in favor of three members of the bin Ali Jaber family, who sued the German government with ECCHR’s support, on several key aspects. The government appealed the decision. In November 2020, the Federal Administrative Court in Leipzig, overturned the previous decision. It argued that German diplomatic efforts would suffice with regard to possible issues relating to international law.
The plaintiffs submitted a constitutional complaint. Following the hearing before the German Federal Constitutional Court in Karlsruhe in December 2024, the Court decided in July 2025, that the German government is not required to take action in response to the use of the US airbase in Ramstein in the US drone war. Although it is undisputed that the US airbase in Ramstein plays a central role in conducting such missions, the court does not see any legal obligation on the part of Germany to take action against the use of drone attacks by the USA.
In August 2012, Faisal bin Ali Jaber, one of the claimants, was in his home village on the day of the attack. He and his extended family had arrived there the day before to celebrate his eldest son’s wedding. He was eating dinner with some family members when they heard the typical menacing buzz of drones, and shortly afterwards, the boom of missile attacks. It took hours and eyewitnesses’ help to match the charred body parts and identify Faisal’s brother-in-law Salim and nephew Walid.
What role did Germany play in the strike? The most important radio equipment (relay stations) for controlling US drone attacks and the largest central data distribution and analysis centre (DCGS) is located at the Ramstein Air Base in southwest Germany. Without the data that flows through Ramstein, the US cannot fly its combat drones in Yemen. This is why Faisal bin Ali Jaber and two other family members filed a lawsuit against the German government in October 2014. They call on Germany to stop the US from using Ramstein for airstrikes that violate international law. ECCHR and the British human rights organization Reprieve support the case.
Since 2002, the US has used targeted drone attacks to kill people suspected of being involved in terrorism – particularly in the years 2012 - 2019 in Afghanistan, Pakistan, Somalia, Libyen, Yemen and elsewhere. The US drone attacks violate international humanitarian law, yet no one has been able to stop them. On the contrary, Germany supports the US drone program by exchanging information and giving the US comprehensive rights for military bases such as Ramstein. These strikes are not as “surgical” as the US claims, and often result in civilian deaths.
The lawsuit against Germany's involvement in the US drone program began as part of ECCHR's legal interventions against US human rights violations in the fight against terrorism after 11 September 2001. Today, it is part of our legal interventions to hold those involved in violations of fundamental precepts of international law accountable.
Mündliche Verhandlung in Sachen „Drohneneinsatz Ramstein“ am Dienstag, 17. Dezember 2024, um 10.00 Uhr
Q&A: Germany’s role in US drone strikes in Yemen
Higher Administrative Court NRW: Judgment on US drone strikes in Yemen
Higher Administrative Court Münster: Judgment on US drone strikes in Yemen (unofficial translation)
Higher Administrative Court NRW: Summary of the judgment
Case report: Survivors of US drone strike sue the German government
Litigating Drone Strikes
Unlimited Use of Armed Drones in the Fight against Terrorism in Syria?
Expert Opinion: Targeted Killing by Combat Drone
Decision of the Administrative Court of Cologne
Open Letter to Barack Obama: Re: Implementation of Executive Order
Civil Society Joint Letter to Barack Obama on Drone Strikes
Declaration Faisal bin Ali Jaber for Court Hearing
An administrative action is a legal action concerning the conduct of a public administrative body.
Show MoreIn Germany an administrative court is the forum for disputes between private individuals and public agencies or authorities.
Show MoreAdministrative law regulates the executive branch of government as regards the administration and governance of the state.
Show MoreAn administrative action is a legal action concerning the conduct of a public administrative body.
Show MoreDecision makers in Western democracies often apply double standards when it comes to human rights. While the Global North will condemn and in some cases prosecute war crimes and crimes against humanity committed by the Global South, there is little appetite to examine the role played by Western politicians, military leaders and corporations in crimes against international law.
Show MoreUS drone warfare often violates international law, such as strict rules on the use of force and self-defense, principles and customs of war, basic human rights (namely the right to life and physical integrity). Nevertheless, the US receives support from a number of European governments, including Germany and Italy.
Show MoreMass surveillance of their own citizens, drone strikes that kill civilians, the torture of detainees – these are just some of the crimes that for example the United States has overseen in recent years. For more than ten years, ECCHR has been taking legal action against systematic US torture and unlawful drone strikes committed by the US.
Show MoreWhile human rights violations are committed by all conflict parties in Yemen, one of the main causes of civilian casualties are airstrikes by the Saudi-led military coalition. Numerous reports by the UN and NGOs in Yemen and abroad document repeated and deadly attacks on civilian targets like hospitals, markets, schools and residential buildings.
Show MoreDecision makers in Western democracies often apply double standards when it comes to human rights. While the Global North will condemn and in some cases prosecute war crimes and crimes against humanity committed by the Global South, there is little appetite to examine the role played by Western politicians, military leaders and corporations in crimes against international law.
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