GPIL – German Practice in International Law

Published: 18 November 2019 Authors: Stefan Talmon and Emmanuel Amissah-Eshun

The 47-member Human Rights Council (HRC) was established by the United Nations General Assembly on 15 March 2006. Members are elected directly and individually by the majority of the members of the General Assembly, through a secret ballot. Membership is based on equitable geographical distribution, and seats are distributed among the five regional groups within the United Nations system. Germany is part of the so-called “Western European and other States” group (WEOG), which holds seven seats on the Council. Members of the Council serve for a period of three years, and after two consecutive terms are not eligible for immediate re-election. Germany served on the HRC as one of its founding members from 2006 to 2009, and again for the 2013-2015 and 2016-2018 terms. After the withdrawal of the United States from the HRC, Germany had announced in February 2019 that it would run again for the Council – a year earlier than originally planned.

(more…)

Published: 15 November 2019 Authors: Carl-Philipp Sassenrath and Stefan Talmon

On 18 September 2016, heavily armed militants stormed an Indian army base in Uri in the disputed state of Jammu and Kashmir near the so-called “line of control”, the cease-fire line separating the Indian-administered part of Jammu and Kashmir from the part administered by Pakistan. In one of the deadliest attacks for more than 20 years, 18 Indian soldiers were killed. India and Pakistan have been locked in a dispute over the region since the two countries gained independence from British colonial rule in August 1947. India intimated that Pakistan was behind the terrorist attack accusing its neighbour of “continued and direct support to terrorism and terrorist groups.” Indian Prime Minister Narendra Modi strongly condemned the terror attack in Uri and assured the nation that those behind this despicable attack would not go unpunished. (more…)

Published: 13 November 2019 Authors: Stefan Talmon and Mary Lobo

On 22 October 2019, the German Federal Public Prosecutor filed an indictment for crimes against humanity against two former members of Syria’s General Intelligence Directorate before the State Security Senate of the Higher Regional Court in Koblenz. This was the first time Syrian State officials were indicted before German courts for international crimes committed during the recent conflict in Syria. Previously, only members of the Islamic State and the Free Syrian Army had been indicted and were sentenced for committing or aiding the commission of war crimes. (more…)

Published: 11 November 2019 Author: Stefan Talmon

The conflict over Kashmir dates back to August 1947 when the predominantly Hindu State of India and the Muslim State of Pakistan were created out of colonial British India. At the same time, the paramountcy of the British Crown over the princely states of the Indian subcontinent and its treaty relations with them came to an end. The princely states were free to decide their own future. In October 1947, the princely state of Jammu and Kashmir with a majority Muslim population, but ruled by a Hindu maharajah, decided to accede to the Hindu-dominated Indian Union. In the run-up to the accession decision parts of the Muslim population of the state had revolted against the maharajah and a large force of Pakistani tribesmen had invaded Jammu and Kashmir and was moving on the state capital of Srinagar. It was at that moment that the maharajah decided to accede and appealed to India for assistance. On 27 October 1947, Indian troops landed in Srinagar and the first Indo-Pakistani war over Jammu and Kashmir ensued which ended only 27 July 1949 with the signing of a cease-fire agreement between the two States. The cease-fire line, which is also referred to as the “line of control” is supervised to the present day by the United Nations Military Observer Group in India and Pakistan (UNMOGIP). India and Pakistan fought three more wars over Jammu and Kashmir in 1965, 1971 and 1999. In addition, since 1989 the state has witnessed an armed revolt against Indian rule which left tens of thousands dead and forced India to deploy hundreds of thousands of troops to the territory to quell it, making it one of the most militarized areas in the world.

(more…)

Published: 29 October 2019 Authors: Stefan Talmon and Julian Craven

In March 2011, the Syrian civil war started with major unrest in Damascus and Aleppo. With the continuation and intensification of the conflict and the increasing violations by the Syrian Government under President Bashar al-Assad of international humanitarian law and human rights law, the relations between Germany and the Syrian Government deteriorated. On 7 February 2012, Germany expelled four employees of the Syrian embassy in Berlin for taking action in Germany against members of the Syrian opposition. In response to the massacre in the village of Houla on 25 May 2012, where 108 people, including 34 women and 49 children, were killed by Syrian troops and pro-government militias, Germany, together with Australia, Canada, France, Italy, Spain, the United Kingdom and the United States expelled the heads of the Syrian diplomatic mission in their country.

(more…)

Published: 25 October 2019 Author: Kristina Schönfeldt

The Arctic is an increasingly important region facing major challenges caused first and foremost by the effects of climate change. The fast-growing interest in its living and non-living resources, its attraction as a new tourist destination, and its use as a route for navigation also contribute to these challenges. The ongoing melting ice and milder temperatures makes this harsh and inhospitable region accessible and potentially prosperous. Therefore, the eight Arctic States have drawn more attention to the region. Moreover, several non-Arctic actors from Asia and Europe are also seeking to gain a seat at the table. Germany is one of them. (more…)

Published: 24 October 2019 Author: Julia Wagner

In an Order published on July 3, 2019, the German Federal Constitutional Court did not admit for decision two constitutional complaints lodged by the Republic of Argentina concerning the Argentine debt crisis. In these complaints, Argentina once again argued that a general principle of international law conferred upon States the right to refuse debt service on bonds held by private creditors who – in contrast to the vast majority of creditors – had not accepted a conversion offer (debt swap) made by the issuing State in the context of a national debt crisis, seeking full payment of the debt instead. (more…)

Published: 22 October 2019 Author: Julian Craven

In May 2019, it was reported that the Namibian Ambassador to Germany, Andreas B.D. Guibeb, allegedly owed money to several companies and had attachment orders against him to the value of some €80,000. One of the companies which had conducted the Namibian Embassy’s media work and had provided website and project support sued the ambassador in th German courts. As the Ambassador did not appear at the various hearings, on 16 May 2018 the District Court of Berlin Schöneberg issued an arrest warrant against the Ambassador in execution proceedings for unpaid debt. The arrest warrant provided as follows: (more…)

Published: 16 October 2019 Author: Stefan Talmon

In its ninth year, the armed conflict in Syria saw a new development. On 9 October 2019, Turkey launched a military incursion into north-eastern Syria, code-named “Operation Peace Spring”. The aim of the operation was to “counter the imminent terrorist threat” caused by the Kurdish Democratic Union Party (PYD) and its military wing, the People’s Protection Units (YPG), which Turkey considered to be the Syrian branch of the Kurdistan Workers’ Party (PKK). The PKK had been fighting for an independent Kurdish State since the 1980s and was listed as a terrorist organization by Turkey, the United States and the European Union. The “PKK/PYD/YPG” occupied large parts of Syrian territory along the border with Turkey and regularly carried out cross-border attacks on Turkish military posts and civilians. Turkey intended to establish a so-called “safe zone” extending some 32 kilometres into Syria along the 444 kilometre-long boundary between the two States in order to ensure Turkey’s border security and to liberate Syrians from the tyranny of terrorist organizations. Turkey which hosted some 3.6 million Syrian refugees also planned to re-settle up to 2 million of these refugees in that zone. (more…)

Published: 21 October 2019 Author: Benjamin Nussberger

On 18 September 2019, the Federal Government requested the German Parliament to extend the mandate to continue to deploy German armed forces to fight the so called “Islamic State” (ISIL). The Government’s request sets out in detail the legal basis for the military operations.

The legal considerations did not substantially depart from the Federal Government’s previous justifications. The use of armed forces in Iraq was still based on the “Iraqi Government’s continuously valid request and continued consent.” For the operations in Syria, the Federal Government continued to rely on collective self-defence on behalf and on request of Iraq against attacks from ISIL, “in connection with” Security Council resolution 2249 (2015). (more…)