GPIL – German Practice in International Law

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…)

Published: 28 October 2021 Author: Stefan Talmon

On 15 April 2020, Russia conducted a test of its direct-ascent anti-satellite (DA-ASAT) Nudol system, which is designed to destroy satellites in low Earth orbit. The Nudol system consists of mobile land vehicles with long-range surface to air missiles attached. This action followed the country’s on-orbit testing of two satellites – Cosmos 2542 and Cosmos 2543 – which in February 2020 had been manoeuvred in a potentially threatening way to within 100 miles of a U.S. government satellite, thereby exhibiting characteristics of a space weapon. On 15 July 2020, Russia conducted another on-orbit anti-satellite weapons test by injected a new object into orbit from Cosmos 2543. The year ended with another Russian test of a direct-ascent anti-satellite weapon on 15 December 2020. At the same time, the country advocated outer space arms control by pushing, together with China, for a Treaty on the Prevention of the Placement of Weapons in Outer Space (PPWT), and by submitting, as in previous years, a draft resolution entitled “No first placement of weapons in outer space” to the UN General Assembly’s First Committee (Disarmament and International Security). (more…)

Published: 26 October 2021 Author: Stefan Talmon

The Democratic People’s Republic of Korea (the DPRK or North Korea) and the German Democratic Republic (GDR) maintained excellent relations which was evidenced by the fact that the two countries provided each other with large plots of land in their capitals for their embassies. Thus, since the 1960s the DPRK occupied a 6,000 square metre area in the heart of East Berlin close to the Brandenburg Gate with two large buildings. At the best of times, the embassy premises housed some 130 North Korean diplomats, administrative and technical staff, and their family members. Following German reunification and the demise of the GDR on 3 October 1990, the DPRK Embassy in the now eastern part of the reunified Berlin was turned into the Office for the Protection of the Interests of the DPRK, with the People’s Republic of China acting as protecting power. The premises again became the North Korean embassy when the Federal Republic of Germany and the DPRK established diplomatic relations on 1 March 2001. Reflecting the different quality of relations between the two countries, the embassy was now staffed by only five diplomats with their family members. With plenty of space, the DPRK embassy started in 2004 to sub-let rooms and parking spaces at its site in order to generate hard currency income. In 2007, the embassy leased the former consulate building on its premises at Glinkastraße 5-7, 10117 Berlin, to German company EGI GmbH (EGI) which converted the property into the “City Hostel Berlin” – a budget hostel with some 450 beds in about 100 rooms. The hostel, which offered dormitory beds from 17 euros/night, was popular with young budget travellers because of its central location close to major tourist sites in the city. EGI made substantial investments in the property and in February 2016 signed a 15-year lease agreement with the DPRK embassy, under which it paid the embassy a monthly rent of 38,000 euros. (more…)

Published: 21 October 2021 Author: Stefan Talmon

In November 1980, the UN General Assembly adopted for the first time a resolution on “The situation in Afghanistan and its implications for international peace and security.” Since then, the resolution was re-introduced every year, mirroring the changing conflict situation in the country and the enduring endeavours of the international community to help restore peace and stability and end the suffering of the Afghan people. The resolution was considered first and foremost an expression of support for Afghanistan and its people. Since 2002, Germany served as facilitator of this resolution. (more…)

Published: 19 October 2021 Author: Stefan Talmon

On 28 May 2020, China’s National People’s Congress in Beijing approved the adoption of a national security law for the Hong Kong Special Administrative Region (HKSAR). The move came in response to sometimes violent mass demonstrations and pro-democracy protests that had racked the city for the past year. The new legislation was to ban any acts or activities that endangered China’s national security in Hong Kong, including separatism, subversion, terrorism, and collusion with foreign countries – charges often used in mainland China to prosecute dissidents and other political opponents. The National People’s Congress’ decision was criticised by pro-democracy activists in Hong Kong and several Western States, including Germany. (more…)

Published: 14 October 2021 Author: Stefan Talmon

Nord Stream 2 is a 1,230 km underwater pipeline project through the Baltic Sea which upon completion is to deliver natural gas from Russia to Germany, adding to the supply provided by the existing Nord Stream pipeline, which runs largely parallel to it. The pipeline would allow the rerouting of gas around Ukraine, depriving the country of billions of dollars in transit fees. Construction of the pipeline began in 2018 and was managed by the Swiss-registered project company Nord Stream 2 AG, whose sole shareholder was the Russian State-owned company Gazprom – the world’s largest gas producer. The project met with strong opposition from the United States which believed, inter alia, that it would undermine Europe’s overall energy security and stability and increase Ukraine’s vulnerability to Russian aggression. (more…)

Published: 12 October 2021 Author: Stefan Talmon

On 15 October 2014, three Yemini nationals brought a case against Germany in the Cologne Administrative Court requesting the court to order the Federal Government to prohibit the United States from using Ramstein Air Base in southern Germany for lethal drone strikes in Yemen, and especially in the Hadramout region. The plaintiffs claimed that the air base, the largest U.S. military base on foreign territory, was vital for U.S. drone operations in Yemen. The drones deployed in Yemen were typically launched from Djibouti and piloted from the United States. The data controlling the drones was transmitted via fibreoptic cable from the United States to Ramstein Air Base, and from there via a satellite relay station to the drones. In the same way, on a return channel, data was transmitted from the drones to the pilots in the United States. Due to the earth’s curvature, directly controlling the drones from the US without the Ramstein satellite relay station would not be possible. The case turned mainly on questions of constitutional law and, in particular, whether the Federal Government had a duty to protect foreigners living abroad against encroachments by other States of their fundamental constitutional rights to life and physical integrity if there was a sufficiently close link to German territory, such as the location of the satellite relay station on German territory. A central argument to the plaintiffs’ case was that the U.S. done strikes in Yemen were illegal under international law. (more…)