GPIL – German Practice in International Law

On 24 February 2021, the Higher Regional Court in Koblenz sentenced Eyad Al-Gharib to four years and six months in prison for his role as an officer of the Syrian General Intelligence Directorate. The Court found Al-Gharib guilty of aiding and abetting a crime against humanity by torture and grave deprivation of liberty under the German Code of Crimes against International Law (CCAIL). Section 7 of the CCAIL provides in the relevant parts: (more…)

Published 28 April 2022  Authors: Stefan Talmon and Joshua Wirtz 

On the evening of 19 November 2021, unknown perpetrators hurled an incendiary device at the entrance of Iran’s consulate in the northern German city of Hamburg, sparking a fire that was quickly doused. The attack resulted in some damage to the building, but no casualties were reported. Upon being called to the scene by passers-by, the police immediately launched a major manhunt; underground trains were stopped and searched. Two persons were briefly detained but later released when it turned out that they had nothing to do with the attack. (more…)

Published: 11 January 2022 Authors: Stefan Talmon and Zoé Flöer

In 2021, Germany signed some 80 bilateral agreements. By far the most bilateral agreements were concluded with the United States concerning the exemption and benefits of US enterprises serving US troops in Germany under the Supplementary Agreement to the NATO Status of Forces Agreement. In addition, Germany concluded some 12 multilateral treaties during that period and signed numerous non-legally binding international agreements such as Memoranda of Understanding and Declarations of Intent. The following is an incomplete list compiled from public sources: (more…)

Published: 3 January 2022 Author: Stefan Talmon

It is the time of the year for statistics. I am delighted to report that 2021 has been another good year for GPIL: (more…)

Published: 18 November 2021 Author: Stefan Talmon

As is to be expected, both the German Federal Government and its permanent representative to the UN, Ambassador Christoph Heusgen, have presented a favourable view of Germany’s two-year membership of the UN Security Council. Some voices in the literature also reached a generally positive verdict. While Germany undoubtedly had its successes on the Council, the global political situation and its direct and public confrontation with permanent members China, Russia and the United States meant that the overall picture is not nearly as rosy as has been painted. While individual aspects of Germany’s Council membership have been dealt with in several case studies, the following are some general observations on its two-year stint on what it considers “the most important organ of the United Nations for guaranteeing peace and security worldwide.” (more…)

Published: 16 November 2021 Author: Stefan Talmon

At the end of December 2020, Germany’s two-year stint as a non-permanent member of the Security Council came to an end. In two of its last public meetings, two permanent members – Russia and China – gave it the acridest send-off in the history of the United Nations. The farewell messages were addressed to Germany’s Permanent Representative to the United Nations, Ambassador Christoph Heusgen, but were, of course, directed at Germany as a member of the Security Council. (more…)

Published: 11 November 2021 Author: Stefan Talmon

In December 2020, Germany’s two-year term as a non-permanent member of the UN Security Council came to an end and it was time to bid farewell and to take stock of its membership. In two Council meetings, on 16 and 22 December, Germany was given the most unusual and most undiplomatic send-off in the history of the Security Council by two of its permanent members: Russia and China. The farewells were addressed to Germany’s Permanent Representative to the United Nations, Ambassador Christoph Heusgen, but were, of course, directed at Germany as a member of the Security Council. (more…)

Published: 9 November 2021 Author: Sandra Werther

The Munich Higher Regional Court handed down its verdict in the worldwide first indictment for a crime against the Yazidi minority on 25 October 2021. The court sentenced German national Jennifer W to ten years’ imprisonment for crimes against humanity by enslavement resulting in death and for membership of a foreign terrorist organisation, as well as aiding and abetting attempted murder and attempted war crimes. (more…)

Published: 4 November 2021 Author: Stefan Talmon

On 6 February 2018, the U.S. judicial authorities requested the provisional arrest of the Iranian citizen Ahmad Khalili, who was wanted for illegally procuring goods originating in the United States. Mr. Khalili, who worked for Iran’s government-controlled Meraj Air, was alleged to have procured Cessna planes and parts for delivery to Iran in violation of U.S. sanctions against the country. The German authorities arrested him at Frankfurt Airport on 9 February 2018. After Mr. Khalili had been formally indicted before the U.S. Federal District Court for the District of Columbia on 7 March 2018, the U.S. Embassy in Berlin sent a formal request for extradition to the Federal Foreign Office on 5 April 2018. Four days later, the Higher Regional Court in Frankfurt ordered his detention for the purpose of extradition. In May 2019, the Higher Regional Court in Frankfurt declared the Mr. Khalili’s extradition to the United States permissible. (more…)

Published: 2 November 2021 Author: Stefan Talmon

In response to the International Atomic Energy Agency (IAEA) raising concerns over Iran’s nuclear programme, the UN Security Council, acting under Article 41 of Chapter VII of the Charter of the United Nations, decided in December 2006, inter alia, that Iran was to suspend both work on all heavy water-related projects, including the construction of a research reactor moderated by heavy water, and all enrichment-related and reprocessing activities, including research and development.  This was all to be verified by the IAEA. When the IAEA reported that Iran had failed to comply with that decision, the Security Council on 27 March 2007 imposed an arms embargo on Iran. This was further extended in June 2010. (more…)