Karlsruhe decides: Germany does not have to stop US drone attacks!

Karlsruhe decides: Germany does not have to stop US drone attacks!

The Federal Constitutional Court ruled today that Germany does not have to take any action against US drone attacks in Yemen, which are controlled from the Ramstein military base in Rhineland-Palatinate. This decision resulted from a constitutional complaint filed by two Yemeni men whose relatives were killed in one of the attacks in 2012. The plaintiffs argued that the federal government was responsible due to the role of the Ramstein base, but the court could not understand this.

Court Vice President Doris König explained the court's position and emphasized that the German state has a mandate to protect fundamental human rights and international humanitarian law. Nevertheless, the Second Senate did not consider the conditions for Germany to intervene in this particular case. The court laid down two essential criteria: On the one hand, there must be a sufficient connection to German state power, and on the other hand, there must be a serious risk of a systematic violation of international law. With regard to US drone operations in Yemen, the court found that these requirements were not met.

Background to the constitutional complaint

The constitutional complaint was filed in a context characterized by various legal disputes between German courts. While the Münster Higher Administrative Court ordered the Federal Republic to investigate possible violations of international law in 2019, the Federal Administrative Court overturned this decision in 2020 because specific legal decisions are only possible on German soil. These legal differences raise questions about Germany's responsibility with regard to international operations.

In addition, the federal government argued that intervening in the actions of its allies could endanger Germany's ability to form an alliance. The Federal Ministry of Defense stated that it was conducting an ongoing dialogue with the USA about the use of the air base. It emphasizes that assurances have been obtained to ensure that US operations comply with applicable law.

Reactions and outlook

The Federal Constitutional Court's decision was interpreted by various ministries as confirmation of their legal opinion. The Ministry of Defense pointed out that the plaintiffs also took the position that without the existence of Ramstein, drone overflights would not be possible with the current frequency. The decision has now been recorded with file number 2 BvR 508/21 and will certainly continue to be present in the political and legal discussion.