Chapter

A deterrent effect of domestic German prosecutions for crimes committed by German military in Afghanistan ? : protecting civilians from inadvertent attacks by friendly foreign forces

Jan Nemitz

The protection of non-combatants during armed conflict and safeguarding the rights of victims in post-conflict society : essays in honour of the life and work of Joakim Dungel

Leiden ; Boston : Brill Nijhoff, [2015]

p. 166-199

English

This chapter outlines a number of legal and factual issues related to the military involvement of Germany and other foreign troops in the armed conflict in Afghanistan. It starts with a general introduction into the current situation of German and other nations' military presence in Afghanistan. It then addresses the legal basis for Germany's operations in this country, as well as the law applicable during these operations. Subsequently, three legal proceedings are presented which involved acts of German soldiers in the context of the armed conflict in Afghanistan (and Iraq). This is followed by an attempt to show which lessons should be learned from those cases. In so doing, this chapter aims at demonstrating what has been done - and what has yet to be done - to prevent civilians from being victimised in the armed conflict in Afghanistan and elsewhere. In particular, this chapter emphasises the need for proper training of military personnel and civilians alike in international humanitarian law and international criminal law. While this is merely one element to reduce the number of civilian victims, it is an indispensable factor in any effort to strengthen the protection of civilians.

• The protection of non-combatants during armed conflict and safeguarding the rights of victims in post-conflict society : essays in honour of the life and work of Joakim Dungel / ed. by Philipp Ambach... [et al.]