The main challenge individuals may encounter when claiming compensation for violations of international humanitarian law (IHL) is the question of the right forum. After a brief summary of judgement of the District Court in Bonn (Germany) on the compensation of individuals for an attack led by the German military in Kunduz (Afghanistan), this article will therefore address the admissibility decision of the Court and compare it with the admissibility decision of other domestic and international courts. Subsequently, the contribution will address the question whether a legal basis to enforce the right to be compensated can be found in international or in domestic law. At the end, the requirements of a secondary norm of compensation will be analysed. While for the lawfulness of an attack the ex-ante (preview) perspective is relevant, in the author's view the right of compensation should be ascertained on an ex-post (retrospective) basis.
By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. Learn more