Germany critical of new U.S. anti-personnel landmine policy

Published: 06 February 2020 Author: Stefan Talmon

Anti-personnel mines (APM) do not distinguish between combatants and civilians, do not respect cease-fires and continue to kill and maim long after the end of conflicts. The vast majority of their victims are civilians, not soldiers. In 2018, some 6800 persons were killed, and many more injured by landmines. In the 1990s, an international campaign to ban APMs was launched which led to the adoption of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines (Ottawa Convention) on 18 September 1997. The Convention was opened for signature on 3 December 1997 and entered into force on 1 March 1999.

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Unconvincing and non-binding: The Federal Constitutional Court rejects the Committee on the Rights of Persons with Disabilities’ interpretation of the CRPD

Published: 4 February 2020 Authors: Rohan Sinha and Stefan Talmon

Under Germany’s Federal Elections Act persons who are under full guardianship and criminal offenders confined in a psychiatric hospital were disenfranchised from voting. Eight persons affected by these restrictions challenged their disenfranchisement in an electoral complaint before the Federal Constitutional Court. On 29 January 2019, the Federal Constitutional Court declared the relevant provisions in the Elections Act unconstitutional as they violated the constitutional principles of universal suffrage and the prohibition of discrimination on grounds of disability. However, the Federal Constitutional Court also confirmed that under constitutional law it may be generally justified to exclude disabled persons from exercising the right to vote if they must be considered not sufficiently capable of participating in the communications process between the people and State organs. This finding put the Federal Constitutional Court on a collision course with the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee).

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Unconvincing and non-binding: The Federal Constitutional Court rejects the Committee on the Rights of Persons with Disabilities’ interpretation of the CRPD Read More

The U.S. killing of Iranian General Qasem Soleimani: of wrong trees and red herrings, and why the killing may be lawful after all

Published: 23 January 2020 Authors: Stefan Talmon and Miriam Heipertz

On 3 January 2020, at about 1am local time, the United States launched a drone strike, killing Iranian Major General Qasem Soleimani and nine members of his entourage near Baghdad International Airport. General Soleimani was the commander of the Quds Force, a military unit of the Islamic Revolutionary Guard Corps (IRGC) of Iran responsible for its foreign operations, supporting non-State actors in neighboring countries, including Shia militias in Iraq. The United States considered Soleimani as the mastermind behind numerous attacks by Iranian proxies against American troops in the Middle East.

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The U.S. killing of Iranian General Qasem Soleimani: of wrong trees and red herrings, and why the killing may be lawful after all Read More

Staying grounded: the German response to Kuwait Airways’ refusal to transport Israeli passengers

Published: 16 January 2020 Authors: Mary Lobo and Stefan Talmon

On 4 June 2016, an Israeli citizen used an online booking website to book a seat on a Kuwait Airways flight from Frankfurt to Bangkok, with an approximately five-hour stopover in Kuwait City. When he later filled in the passenger details – including his Israeli citizenship – the airline cancelled his flight and offered to arrange alternative transport with another airline at their own expense. The man declined the offer and instead brought a claim before the Regional Court in Frankfurt, asking that Kuwait Airways either be required to fulfil their contractual obligations to fly him to Bangkok, or else that he be compensated for discrimination.

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Germany denounces arrest of UK ambassador to Iran

Published: 14 January 2020 Author: Stefan Talmon

Amid heightened military tensions between Iran and the United States, Iranian air defences on 8 January 2020 accidentally shot down Ukraine International Airlines Flight 752 (PS752) which had taken off from Tehran International Airport, killing all 176 passengers and crew members on board.

In the evening of 11 January 2020, Rob Macaire, the United Kingdom’s ambassador to Iran, attended an event at Amir Kabir University in Tehran advertised as a vigil for the victims of the PS752 tragedy. When the vigil turned into an anti-government protest, the ambassador, according to his own account, left the scene. Half an hour after leaving, at around 7.10pm, on his way back to the British embassy, he was arrested by Iranian security forces on suspicion of organising, provoking and directing radical actions in front of Amir Kabir University.

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International agreements concluded by Germany in 2019

Published: 13 January 2020 Authors: Stefan Talmon and Zoé Flöer

In 2019 Germany signed some 90 bilateral agreements. The most significant agreement in political terms was the Treaty on Franco-German Cooperation and Integration, signed in Aachen on 22 January 2019 (the “Aachen Treaty”). The Treaty, signed on the 56th anniversary of the Elysée Treaty, further developed and enhanced the cooperation between the two countries. By far the most bilateral agreements were concluded with the United States concerning the exemption and benefits of U.S. enterprises serving U.S. troops in Germany under the Supplementary Agreement to the NATO Status of Forces Agreement.

In contrast, Germany signed just two multilateral treaties during that period. In addition, Germany signed numerous non-binding Memoranda of Understanding and Declarations of Intent. The following is an incomplete list compiled from public sources: (more…)

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Germany “strongly condemns” Iranian missile attacks on U.S. bases in Iraq

Published: 10 January 2020 Author: Stefan Talmon

In the early hours of 8 January 2020, Iran launched missile attacks on U.S. military forces in Iraq in retaliation for the U.S. killing of General Qasem Soleimani, commander of the Quds Force of the Islamic Revolutionary Guard Corps (IRGC) of Iran. Iranian forces fired more than a dozen ballistic missiles against two airbases at al-Asad and in Irbil which hosted troops of the United States and other members of the global coalition fighting against the Islamic State in Iraq. No American or coalition soldiers were killed or injured in the attack.

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Germany: The UN headquarters in New York must be accessible to all member States

Published: 10 January 2020 Author: Stefan Talmon

On 7 January 2020, Iranian Foreign Minister Mohammed Javad Zarif claimed in a news interview that the United States had denied him a visa that would have allowed him to attend a meeting of the United Nations Security Council in New York scheduled for later in the week. The spokesperson for the Iranian Permanent Mission to the United Nations said that the visa application had been lodged with the U.S. authorities on 20 December 2019, one day after the Foreign Minister had received an invitation from the Security Council to speak at a ministerial meeting on 9 January 2020 on “Upholding the United Nations Charter for the maintenance of international peace and security.”

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Germany’s call on Iraq to protect the U.S. embassy in Baghdad – the difference between a legal and a general interest in compliance with Article 22 VCDR

Published: 9 January 2020 Author: Stefan Talmon

In November and December 2019, Iran-backed Shia militias repeatedly attacked bases hosting U.S. forces in Iraq. During a rocket attack on a military base in Kirkuk on 27 December 2019, a U.S. civilian contractor was killed and four American service members were injured. In response, the United States conducted air strikes against the Iranian-backed militia Kataib Hezbollah (KH) in Iraq and Syria killing at least 25 members of the militia. This triggered thousands of angry supporters of the KH militia on 31 December 2019 to lay siege to the U.S. embassy in Baghdad, the biggest and most heavily fortified U.S. embassy in the world.

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Germany’s call on Iraq to protect the U.S. embassy in Baghdad – the difference between a legal and a general interest in compliance with Article 22 VCDR Read More

Germany considers U.S. extraterritorial sanctions illegal

Published: 8 January 2020 Authors: Rohan Sinha and Stefan Talmon

On 6 April 2018, the United States announced sanctions against Russian oligarch Oleg Deripaska and companies owned or controlled, directly or indirectly, by him, including United Company Rusal Plc (Rusal). Rusal is the world’s second largest supplier of aluminium and alumina (an essential ingredient in processing aluminium), providing about 6% of the global supply of alumina and aluminium. Announcing the sanctions, U.S. Treasury Secretary Steven T. Mnuchin declared: (more…)

Germany considers U.S. extraterritorial sanctions illegal Read More