On 17 December 2024, the German Federal Constitutional Court will hold an oral hearing on Germany's joint responsibility in connection with US drone attacks in Yemen via the US military base in Ramstein, Germany. The complainants are two Yemenis who are demanding protection of their right to life.
The hearing will focus on the question: Under what conditions can those affected abroad can sue for the protection of their right to life before German courts? This also involves questions of international law, in particular concerning the legality of the selection of targets for drone attacks and the protection of rights of the civilian population. With its decision, the Federal Constitutional Court could establish groundbreaking principles regarding Germany's responsibility towards third countries in international conflicts.
Background
In 2014, three Yemenis took legal action against the German government before the Cologne Administrative Court after two of their family members were killed in a US drone strike in 2012. In 2019, the Münster Higher Administrative Court ruled in the second instance that Germany must work towards ensuring that the US complies with international law when using the Ramstein military base. In particular, the court confirmed that Germany has a constitutional duty to protect those potentially affected by US drone operations conducted via Ramstein. When appealed, however, the Federal Administrative Court overturned this ruling in 2020, as the German government's diplomatic efforts to influence the US were deemed sufficient. Two of the plaintiffs, Ahmed and Khalid bin Ali Jaber, then filed a constitutional complaint in 2021. The plaintiffs are supported by the European Center for Constitutional and Human Rights (ECCHR) and the international human rights organization Reprieve.
Relevance of the constitutional complaint
“Even now we are still afraid of another strike. Drones fly over the village spreading fear amongst everyone who lives here. Only a few weeks ago one hovered over the area at midday,” says Faisal bin Ali Jaber, an affected party and one of the plaintiffs in the administrative proceedings.
“Since the German government is not blocking the use of Ramstein, it shares responsibility for drone operations that violate international law. With this hearing, the Federal Constitutional Court is sending an urgent signal to the German government to take the protection of human rights abroad very seriously in all its activities that support third countries,” says Andreas Schüller, Program Director International Crimes, ECCHR.
“Germany should never have allowed itself to become complicit in the unlawful and deadly US drone program. We trust that the Federal Constitutional Court’s hearing will remind the German government that it is responsible for ensuring its assets are never used to further a state-sponsored assassination program in violation of international law,” says Chai Patel, Director of Policy and Advocacy, Reprieve.
Supporting the constitutional complaint is part of ECCHR’s and Reprieve’s longstanding campaign to ensure adherence to human rights and international law in the context of the US drone program.
