Archive - GPIL - German Practice in International Law

2024 (19)
24 October - Germany’s Position on an ‘International Network Law’
22 October - International Law Aspects of the Federal Government’s White Paper on Multilateralism
17 October - Germany Calls Out Russian State-Sponsored Cyber Attacks
19 September - The Slow Road to Justice: Rectifying a Violation by Germany of the European Convention on Human Rights
17 September - The Tiergarten Murder: German Court Finds Russia Committed an ‘Act of State Terrorism’
03 September - No Immunity in Germany for Mongolian Consular Officer Accredited to Türkiye
29 August - German Judge Invents Nature as an ‘Ecological Person’ With Own Rights – An Attempt at Judicial Law-Making
29 August - Namibia Denies Port Access to German-Owned Vessel Carrying Military Equipment to Israel
25 July - Germany’s Reaction to the International Court of Justice’s Palestine Advisory Opinion: ‘The Opinion Confirms Our Positioning in Many Points’
23 July - Berlin Administrative Court Rejects Pre-emptive Interim Relief against German Weapons Exports to Israel
02 May - The International Court of Justice Severely Limits Germany’s Ability to Transfer Arms to Israel
16 April - The Modernised German Nationality Law and the Pitfalls of Allowing Unrestricted Multiple Nationality
07 April - Germany Takes Ostrich Approach to Israel’s Violations of International Humanitarian Law in the Gaza War
02 April - Violent Attack on Turkish Consulate-General in Hannover
21 March - Israel Facilitates the Evacuation of Sixty-Eight Palestinian Orphans From the Gaza Strip to the West Bank at Germany’s Request
26 February - Germany Opposes Request for ICJ Advisory Opinion on Israel’s Policies and Practices in the Occupied Palestinian Territory But Also Rejects Israel’s Reaction
23 January - Germany Supports Expansive Interpretation of the Right to Self-Defence Against Attacks by the Houthis on Commercial Shipping in the Red Sea
22 January - GPIL – The Statistics for 2023
15 January - Germany Rushes to Declare Intention to Intervene in the Genocide Case brought by South Africa Against Israel Before the International Court of Justice
2023 (31)
30 October - Of Humanitarian Windows, Pause(s), Truces and Ceasefires, and Israel’s Right of Self-Defence Against the Hamas Terrorist Attack
23 October - Germany’s Unquestioning Solidarity With Israel in the Face of the Hamas Terror Attack Undermines Its Credibility With Regard to International Law
04 October - Banning Belarusian Airlines in Response to Belarus’ Diversion of Ryanair Flight FR4978 as a Third-Party Countermeasure
21 September - Germany Among the First Countries to Sign the BBNJ Agreement
21 September - Germany Accuses Azerbaijan of Breaking Its Promise to Refrain from Military Action in Nagorno-Karabakh
05 September - Acceptance of a Palestinian Nationality Within the Area of Private International Law
31 August - Agreements with Non-Recognised Entities: The Case of Taiwan
29 August - International Law Aspects of the Federal Government’s Strategy on China
18 July - Foreign Minister Baerbock Unilaterally Commits Germany to the Re-Export of German Battle Tanks to Ukraine
26 June - Germany’s National Security Strategy and the Novel Concept of a ‘Free International Order’
30 May - Air Services Between Germany and the Russian Federation and the Power of Reciprocity
27 April - Notable statements on international law during December 2021
25 April - Germany Defends Use of EU Global Human Rights Sanctions Regime Against China
20 April - Reconciliation Without Reparation: The German-Namibian Joint Declaration on Our Colonial Past
18 April - Russia Expels German Diplomat Over Participation in Pro-Navalny Demonstration
10 April - Notable statements on international law during November 2021
06 April - Notable statements on international law during October 2021
04 April - Not Quite at the Core of the Core Group Advocating an ICJ Advisory Opinion on Climate Change
31 March - Notable statements on international law during September 2021
30 March - Notable statements on international law during August 2021
28 March - Germany Sends Warship to the South China Sea to Protect and Safeguard the Rules-Based International Order
16 March - Summoning an Ambassador: A Piece of Diplomatic Theatre
14 March - The Thai King in Germany: The Status of Foreign Heads of State on Private Visits
09 March - Germany rejects claim of recognition of the Falklands Islands (Malvinas) as part of Argentine territory
07 March - Notable statements on international law during July 2021
02 March - Notable statements on international law during June 2021
28 February - Federal Minister of Justice Announces Major Changes to German Criminal Law and Procedure With Regard to Crimes Against International Law
22 February - Arrest of a Member of the Staff of the British Embassy in Berlin
15 February - Germany Temporarily Does Not Recognise Vietnamese Passports
15 February - Volume 2 of German Practice in International Law Published
11 January - GPIL – The Statistics for 2022
2022 (5)
08 June - First Volume of German Practice in International Law Published
05 May - German Court Finds Syrian Government Practices Constitute Crimes Against Humanity
28 April - Iran Condemns Firebomb Attack on Its Consulate in Hamburg
11 January - International agreements concluded by Germany in 2021
03 January - GPIL – The Statistics for 2021
2021 (74)
18 November - Some critical observations on Germany’s Security Council membership
16 November - China: “The performance of Germany has failed the Security Council”
11 November - Russia accuses Germany of bringing “dissent, division and negative emotion” to the Security Council
09 November - German Court Sentences IS Wife to Ten Years’ Imprisonment for Letting a Five-year-old Enslaved Yazidi Girl Die
04 November - Germany releases Iranian in prisoner swap rather than extraditing him to the United States
02 November - Germany opposes U.S. interpretation of UN Security Council resolution 2331 (2015)
28 October - Germany opposes Russian initiatives on the prevention of the placement of weapons in outer space
26 October - Germany takes three and a half years to enforce UN sanctions against North Korea
21 October - Germany comes in for serious criticism of its handling of the Afghanistan file in the UN General Assembly
19 October - China accuses Germany of interference in internal affairs for taking measures in response to new Hong Kong national security law
14 October - Germany considers further U.S. sanctions against Nord Stream 2 an encroachment on its sovereignty
12 October - Federal Administrative Court rules that the United States may continue to use its air base in southern Germany for lethal drone strikes in Yemen
07 October - Responsible until proven otherwise? – Germany holds Russia responsible for the use of a chemical weapon in the poisoning of Alexei Navalny
05 October - Diplomacy in times of Covid-19: Germany closes its Pyongyang embassy in response to North Korea’s drastic measures to fight the pandemic
30 September - UN Security Council reform: a story of growing German frustration
28 September - Germany calls on Turkey to respect international law when conducting seismic surveys in the eastern Mediterranean
24 September - Germany as an almost permanent member of the Economic and Social Council
22 September - For Germany the “State of Palestine” is not a State Party of the Rome Statute of the International Criminal Court
16 September - Germany appeals to Iran to comply with its treaty obligations not to execute persons who were minors at the time of the crime
14 September - First conviction for aiding and abetting a crime against humanity by enslavement
09 September - Federal Prosecutor General Accuses Russia of State-Ordered Murder
06 September - Germany Counts and Condemns North Korean Illegal Missile Tests
31 August - Germany Fails to Integrate Climate Security Concerns Into the Work of the Security Council
27 August - Legal consequences of Germany’s non-recognition of the Russian annexation of Crimea
17 August - The Kunduz Air Strike and a Most Unusual Letter to the Editors
11 August - Germany joins the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia
22 July - Notable statements on international law during May 2021
20 July - The pitfalls of co-locating diplomatic premises
15 July - Notable statements on international law during April 2021
13 July - Iran condemns German ambassador’s tweets as interference in internal affairs
08 July - Notable statements on international law during March 2021
06 July - Federal Court of Justice rejects functional immunity of low-ranking foreign State officials in the case of war crimes
18 June - Germany bans Syrian Embassy in Berlin from holding presidential elections
27 May - Germany warns Israel that annexation of any part of the occupied Palestinian territories would represent “a most serious violation of international law”
25 May - Germany backs Israel’s right to self-defence against Hamas “rocket terror”
21 May - Germany directs attention to questions surrounding non-legally binding international agreements
19 May - Handing over of six-year-old boy to Islamic State training camp in Syria as war crime of enlisting children
11 May - The Federal Constitutional Court’s Climate Change Order and the interplay between international and domestic climate protection law
06 May - Germany works to strengthen the international response to the use of chemical weapons in Syria
04 May - Germany mistakenly considers Russia’s restrictions on navigation of warships in the Black Sea to be “very problematic” and, in part, “contrary to international law”
27 April - Notable statements on international law during February 2021
20 April - German Court confirms that there is no Palestinian State and no Palestinian nationality
15 April - Germany’s push for ambitious UNSCR on sexual violence in armed conflict hits the veto power
13 April - Kidnapping of UN peacekeeper in Syria as war crime against humanitarian operations
09 April - Germany votes against anti-Israel decision at World Health Assembly for the first time
07 April - Notable statements on international law during January 2021
01 April - Germany counters China’s maritime claims in the South China Sea
30 March - Germany takes a more outspoken and active position on the South China Sea disputes
25 March - Iraq accuses Germany of interference in its internal affairs
23 March - Notable statements on international law during December 2020
18 March - German Constitutional Court affirms that only States can bring claims for compensation for violations of international humanitarian law
16 March - Notable statements on international law during November 2020
12 March - Germany adopts restrictive view on what constitutes a “threat to international peace and security” – when it suits
09 March - Germany reaffirms support for the sovereignty and territorial integrity of Georgia and calls out Russian “occupation”
04 March - Germany comments on the ILC draft principles on the protection of the environment in relation to armed conflicts
03 March - Germany announces deployment of warship to the South China Sea
02 March - Germany endorses the Declaration Against the Use of Arbitrary Detention in State-to-State Relations
25 February - Germany’s position and practice on provisional application of treaties
23 February - China criticises Germany for granting asylum to Hong Kong activists
19 February - Germany faces difficulties as chair of the Libya Sanctions Committee
16 February - German Federal Court of Justice reaffirms that there is no justification in international law for attacks by the Kurdistan Workers’ Party
11 February - Germany publicly objects to the International Criminal Court’s ruling on jurisdiction in Palestine
09 February - U.S. Supreme Court upholds Germany’s plea to State immunity in the “Welfenschatz” case
04 February - France and Germany launch Humanitarian Call for Action
02 February - Germany champions “Alliance for Multilateralism”
28 January - Germany rejects formal Greek war reparations claims
26 January - Germany and Greece disagree over Germany war reparations stemming from the two World Wars
21 January - The difficulties of bringing the human rights situation in North Korea before the UN Security Council
19 January - Germany considers Israeli settlement activities in the occupied Palestinian territories “illegal under international law”
14 January - Higher Regional Court in Stuttgart convicts an IS member of war crimes
12 January - Indonesia declares German diplomat persona non grata
08 January - GPIL – The Statistics for 2020
07 January - Notable statements on international law during October 2020
05 January - Germany rejects U.S. sanctions against Nord Stream 2 as contrary to international law
2020 (79)
23 December - Germany accuses Russia and China of obstructing the implementation of Security Council resolutions
22 December - Blocking and inviting civil society briefers to the UN Security Council
16 December - Notable statements on international law during September 2020
11 December - Persona non grata declarations as general act of retorsion
09 December - Germany not answerable in U.S. courts for alleged colonial genocide
03 December - Germany sanctions Iran by suspending operating license of Iranian airline
01 December - “Like pirates” – Turkey accuses Germany of illegally boarding its merchant vessel on the high seas
26 November - As night follows day, German condemnation follows North Korea’s missile tests
24 November - Germany’s unusual proposals to disqualify the Tribunal in the Vattenfall arbitration
21 November - 75th anniversary of the start of the Nuremberg Trials
19 November - Expelled or recalled? The German ambassador to Venezuela’s journey from Caracas to Berlin and back again
17 November - Meeting with Hong Kong activist as interference in China’s internal affairs?
12 November - Germany advocates regaining “digital sovereignty”
10 November - “We want to get this man” – Germany requests Lebanon to extradite high-ranking Syrian official accused of crimes against humanity
05 November - Notable statements on international law during August 2020
02 November - German embassy in Bangkok asks for protection
29 October - Not much of a welcome: the delayed agrément of the German ambassador to Poland
26 October - Germany tells Thailand’s King not to rule from its soil
20 October - Germany continues to raise concerns over human rights of the Uyghurs and demands that China close the detention camps in Xinjiang
15 October - Germany raises concerns over human rights situation in Xinjiang
12 October - Germany goes back on earlier statements on the international legal status of Nagorno-Karabakh
08 October - Germany accuses Saudi Arabia of violation of the Convention on the Rights of the Child
05 October - The missing Taiwanese flag or the flag “as a symbol of statehood”
02 October - Notable statements on international law during July 2020
30 September - A drone is a drone is a drone
24 September - Germany rebukes the United States for its approach to international law: “international law is not an à la carte menu”
21 September - Breaches of international law “in a very specific and limited way”: a remarkable admission by a German Chancellor
27 July - Notable statements on international law during June 2020
23 July - Germany weighs in on immunity of German-Tunisian UN arms expert
20 July - Germany confirms non-recognition of “Nagorno-Karabakh Republic”
16 July - “Once a Trader, always a State”: The Federal Constitutional Court classifies Greek debt restructuring measures as acta iure imperii
14 July - Summoning or “inviting” an ambassador – is there a difference?
09 July - The Russian policy of “passportisation” in Ukraine’s Donetsk and Lugansk regions as a violation of the sovereignty of Ukraine
06 July - Notable statements on international law during May 2020
02 July - “Do not vote for these parties” – The Turkish President’s interference in German internal affairs
29 June - Germany continues aerial refuelling of anti-IS coalition over Syria – and refines the right of sustainable self-defence
25 June - Appropriation of household appliances by IS members not a war crime
22 June - Federal Court of Justice on appropriation of apartments by IS members as war crime against property
18 June - Loss of nationality for members of terrorist militias with dual nationality
15 June - Germany on a mission: putting climate change on the agenda of the UN Security Council
11 June - Resignation of the German judge from the International Residual Mechanism for Criminal Tribunals: a wake-up call for international criminal justice
09 June - Ukrainian extradition request denied by German court because of likely violation of the international minimum standard of human rights protection
04 June - The Bornholm Declaration – another example of Germany’s support of youth participation in international organisations?
02 June - Notable statements on international law during April 2020
28 May - Germany’s position on decommissioning oil platforms in the North Sea: Brent Spar Revisited?
26 May - Germany supports Taiwan’s participation in the WHA as an observer – putting policy before principle
18 May - Germany joins the UK-led Global Ocean Alliance
14 May - Malta apologising for ambassador comparing German chancellor to Hitler: a rare example of a formal State apology?
12 May - Notable statements on international law during March 2020
01 May - No protest, no problem: German court confirms male captus, bene detentus rule
29 April - Limits to the implementation of the Libyan arms embargo
27 April - Federal Public Prosecutor General declines to bring charges against members of the Federal Government for aiding the killing of Iranian General Soleimani
20 April - Intervention by invitation: the German view of Saudi Arabia’s involvement in the civil war in Yemen
16 April - Raising false expectations: Germany’s misleading take on UN Security Council resolution 2510 (2020)
14 April - Germany mistakenly attributes acts by the Houthi rebels to the State of Yemen
09 April - Notable statements on international law during February 2020
08 April - Professor Dr. Dr. Rudolf Dolzer (1944-2020)
08 April - Germany favours substantial reform of the Energy Charter Treaty
06 April - Officer of Afghan National Army convicted of war crimes for desecrating the corpse of a Taliban commander in front of civilians
25 March - Sentencing a member of the Syrian opposition for war crimes against persons
24 March - Germany finally comes clean about the legal status of the JCPoA: no more than soft law
20 March - Misreading Nicaragua: The German position on State responsibility in connection with arms exports
09 March - The intricacies of maritime boundary delimitation: Germany’s one-sided response to the Turkey-Libya MoU on delimitation of the maritime jurisdiction areas in the Mediterranean
02 March - Notable statements on international law during January 2020
17 February - German Government on foreign troop presence in Syria
12 February - Germany’s position concerning private maritime rescue operations in the Mediterranean
10 February - Cameroon protests lack of protection of its embassy in Berlin
07 February - Preventing an arms race in outer space and political game-play at the United Nations
06 February - Germany critical of new U.S. anti-personnel landmine policy
04 February - Unconvincing and non-binding: The Federal Constitutional Court rejects the Committee on the Rights of Persons with Disabilities’ interpretation of the CRPD
23 January - The U.S. killing of Iranian General Qasem Soleimani: of wrong trees and red herrings, and why the killing may be lawful after all
16 January - Staying grounded: the German response to Kuwait Airways’ refusal to transport Israeli passengers
14 January - Germany denounces arrest of UK ambassador to Iran
13 January - International agreements concluded by Germany in 2019
10 January - Germany “strongly condemns” Iranian missile attacks on U.S. bases in Iraq
10 January - Germany: The UN headquarters in New York must be accessible to all member States
09 January - 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
08 January - Germany considers U.S. extraterritorial sanctions illegal
07 January - Top 10 statements by the German Federal Foreign Office in 2019 on violations of international law
2019 (36)
20 December - Germany considers Brunei’s Sharia Penal Code a clear violation of the country’s human rights obligations
18 December - Germany confirms non-recognition of the Republic of China (Taiwan)
16 December - Germany: severe human rights violations in Myanmar point to crimes against humanity and war crimes as well as genocide
05 December - Jumping before being pushed: recall of the German ambassador to Rwanda
02 December - Germany facilitates Cyprus talks in Berlin: “good services”, good offices, or neither?
21 November - Germany opposes new U.S. position on Israeli settlements in the occupied West Bank – considers all settlement activity illegal under international law
18 November - Germany’s election to the Human Rights Council not such a great “token of confidence” as it might seem
15 November - Germany backs India’s cross-border strikes against terrorists in Pakistan administered Kashmir
13 November - Killing and torture in Syria: why the German Federal Public Prosecutor charges Syrian officials with crimes against humanity rather than war crimes
11 November - Germany sides with India in Kashmir conflict
29 October - German-Syrian diplomatic relations in times of civil war: the realities of diplomacy
25 October - Germany’s new Arctic policy guidelines
24 October - In another Argentinian State bankruptcy case the German Federal Constitutional Court once again rejects the existence of a state of necessity as a general principle of international law
22 October - Namibian Ambassador to Germany shielded by diplomatic immunity
21 October - A roundabout way to say that the Turkish invasion of north-eastern Syria is illegal under international law
21 October - The Federal Government continues to justify the fight against ISIL in Syria on grounds of collective self-defence
21 October - The distinction in international law between “bearing responsibility” and “being responsible”
16 October - Germany opposes Facebook’s Libra currency on grounds of State sovereignty
10 October - German Constitutional Court considers self-defence against non-State actors a tenable interpretation of Article 51 of the UN Charter
03 August - Principles underpinning Germany’s delivery of humanitarian assistance
02 August - Germany becomes 13th party to Hong Kong Convention
11 July - War crimes charges brought for seizure of property in non-international armed conflict
29 June - Candidates nominated by Germany elected to serve on human rights bodies
01 June - War crimes charges brought for letting a Yazidi girl die of thirst
20 May - Germany criticizes India over anti-satellite missile test
05 April - The German UN Ambassador’s strange understanding of international law
04 April - Germany’s comments on the ILC’s first draft on crimes against humanity
01 April - Non-recognition of Israeli annexation of the occupied Syrian Golan
04 March - South Africa accuses Germany of breach of Article 41(2) VCDR
21 February - Germany announces bid for Human Rights Council membership
20 February - Syrian war crimes trial before the Stuttgart Higher Regional Court
15 February - Federal Government adopts 13th human rights report
14 February - Federal Government adopts report on the status of children’s rights
09 February - The U.S. accuses Germany of breach of treaty: the refusal to extradite Adem Yilmaz
20 January - Rules-based order v. international law?
05 January - International agreements concluded by Germany in 2018
2018 (30)
20 September - 45th anniversary of German UN membership
24 July - Arrest of an Iranian diplomat over alleged bomb attack in France
03 July - The unconventional repatriation of an Iraqi murder suspect to Germany
05 June - No need for legal instrument on electronic surveillance and privacy
05 June - Endorsement of Safe Schools Declaration
22 May - Return of illegally exported cultural property to Vietnam
22 May - Israel’s right to self-defence against Iranian rocket attack from within Syria
15 May - Bringing human rights to the Security Council
24 April - Germany ranked second for visa-free travel
06 April - Protesters raid German consulate in Greece
05 April - Acceptance or recognition of Kosovo’s independence: does it make a difference?
07 March - Interpreting Security Council resolution 2401 (2018)
05 March - Paint bomb attack on Turkish embassy in Berlin
28 February - Acts of retorsion in defence of Cambodian democracy?
25 February - Busting of U.S. sanctions against Iran? German military refuels Iranian Foreign Minister’s plane
14 February - Israel’s claim to self-defence has a “very high plausibility”
10 February - Warning Kosovo over revocation of internationalised criminal tribunal
08 February - Arrest of Gui Minhai during consular support mission
02 February - Criticism of U.S. Guantánamo policy
01 February - Germany submits written comments in the case of Yücel v. Turkey before the European Court of Human Rights
01 February - Appeal to Iran to stop the execution of persons who were minors at the time of the crime
28 January - U.S. politicization of humanitarian aid to UNRWA
26 January - Difficulties in assessing the illegality of the Turkish intervention in Syria
25 January - Russian aggression against Ukraine
22 January - 55th anniversary of the Élysée Treaty
12 January - Leading Iranian cleric accused of crimes against humanity
10 January - German research vessel caught up in Greek-Turkish Aegean Sea dispute
06 January - North Korea’s missile and nuclear issues
04 January - Unrest in Iran and the right to protest
03 January - International agreements concluded by Germany in 2017
2017 (31)
31 December - Diplomatic relations, embassies-in-exile and ambassadors taking refuge in foreign embassies
31 December - Consular protection of German nationals in prison, custody or detention
29 December - China denounces German interference in internal affairs
28 December - Germany’s ambassador to China: an undiplomatic diplomat?
21 December - Defending the Iranian nuclear agreement
21 December - Effects of climate change as threats to international peace and security
20 December - Execution of the death penalty on minors
15 December - Situation in Israeli-occupied Hebron reminiscent of apartheid
01 December - Reporters Without Borders lodges ECHR application against Germany
24 November - Trial of Chinese civil rights lawyer Jiang Tianyong
23 November - Suing Germany over the genocide in Namibia in U.S. courts: the pitfalls of serving a summons on the German Government
07 November - Detention and disappearance of Egyptian human rights lawyer Ibrahim Metwally Hegazy
03 November - The right to freedom of religion for the Baha’i in Iran
29 October - Non-recognition of Catalonia’s unilateral declaration of independence
27 October - Violence against the Rohingyas in Myanmar’s Rakhine state
19 October - Immunity of German diplomats in the United States
12 October - Abolition of the death penalty
01 October - Arbitration between Croatia and Slovenia
30 September - Death penalty not generally incompatible with ICCPR
23 September - The genocide in Namibia: genocide in a historical-political or in a legal sense?
21 September - Venezuela protests German interference in internal affairs
13 September - Towards an agreement to combat marine litter
29 August - Loss of refugee status by going on holiday to the country of persecution
20 July - Condemnation of certain developments in Eastern Ukraine as “completely unacceptable”
03 July - Banning campaign rallies by Turkish government officials in Germany
28 June - Abstention from vote on Chagos Archipelago advisory opinion
02 June - Nonexistence of a “State of Palestine”
10 May - No German support for British sovereignty over Gibraltar
10 May - UNESCO resolution calling into question Israel’s jurisdiction over west Jerusalem
03 March - Diplomatic asylum on German embassy premises in Istanbul
11 February - Tibet or the pitfalls of meeting Richard Gere