Compensation claims of individuals for violations of rules on conduct of hostilities : comment on a judgment of the District Court Bonn, Germany : LG Bonn 1 O 460/11, 11 December 2013 / Nele Achten

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Document type:

Article

Title:

Compensation claims of individuals for violations of rules on conduct of hostilities : comment on a judgment of the District Court Bonn, Germany : LG Bonn 1 O 460/11, 11 December 2013

Author zone:

Nele Achten

Host item entries:

Humanitäres Völkerrecht : Informationsschriften = Journal of international law of peace and armed conflict, Vol. 28, 1/2015, p. 34-41

Languages:

English

Abstract:

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.

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