Author: Benjamin Nussberger, LL.M.

Benjamin Nussberger (LL.M. Columbia) is a doctoral candidate and research fellow at the University of Cologne. He is also editor at the Völkerrechtsblog and a regional coordinator for the digest of State practice for the Journal on the Use of Force and International Law.

Germany continues aerial refuelling of anti-IS coalition over Syria – and refines the right of sustainable self-defence

Published: 29 June 2020 Author: Benjamin Nussberger

Germany has been participating in Operation Inherent Resolve of the Global Coalition against the terrorist organisation Islamic State (Daesh, IS or ISIS) since 2015, providing, inter alia, support in the form of reconnaissance flights and air‑to‑air refuelling over Syria. On 25 March 2020, the Federal Parliament acceded to the Government’s request to amend the mandate of the operation. The deployment of German Tornado aircraft for airborne reconnaissance flights over Syria was terminated with effect from 31 March 2020. This task was taken over by Italy. Germany was to provide ground-based air surveillance instead. The mandate for air-to-air refuelling, on the other hand, was set to expire on 31 March 2020, but was extended until 31 October 2020 because no other State came forward to take over from Germany. In addition, German armed forces were now permitted to provide air transportation to the anti-IS coalition, international organisations, allies and partners. In contrast to the air-to-air refuelling in Syrian air space, the other acts of assistance were confined to the territories of EU and NATO States as well as Iraq, Jordan and neighbouring countries which consented to the presence of German armed forces. (more…)

Germany continues aerial refuelling of anti-IS coalition over Syria – and refines the right of sustainable self-defence Read More

The Federal Government continues to justify the fight against ISIL in Syria on grounds of collective self-defence

Published: 21 October 2019  Author: Benjamin Nussberger  DOI: 10.17176/20220113-165019-0

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…)

The Federal Government continues to justify the fight against ISIL in Syria on grounds of collective self-defence Read More