German court dismisses Yemenis\’ lawsuit over US airstrikes

Germany Rejects Yemeni Claim Linking U.S. Drone Strike to Ramstein Base

The German Constitutional Court on Tuesday dismissed a lawsuit filed by two Yemeni nationals who alleged that Berlin’s support of a U.S. drone attack in 2012 made Germany responsible for civilian casualties.

Background of the 2012 Khashamir Strike

• The strike on the village of Khashamir killed several Yemeni civilians.
• Ahmed bin Ali Jaber and Khalid bin Ali Jaber, supported by the European Center for Constitutional and Human Rights (ECCHR), sued Berlin after the attack.
• They argued that the U.S. relied on signals transmitted through the Ramstein airbase in western Germany.

ECCHR’s Argument for German Complicity

ECCHR’s Andreas Schueller contended that Germany must cease using the base to prevent it from aiding civilian deaths:

• “Without the data that flows through Ramstein, the U.S. cannot fly its combat drones in Yemen,” the group said.
• “The German government must end the use of this base—otherwise, it becomes complicit in the deaths of innocent civilians,” Schueller added.

Constitutional Court’s Key Holding

While the court acknowledged Germany’s general duty to protect fundamental human rights, it ruled that the duty only requires action when there is a “serious risk of systematic violation of applicable international law.”

The court declared that Ahmed and Khalid’s claim was unfounded because, under these standards, Germany was not obligated to intervene.

ECCHR’s Reaction

ECCHR criticized the ruling as a failure to send a strong signal:

• “The decision leaves individual legal protection as a theoretical possibility without practical consequence,” the ECCHR said.
• Schueller, however, noted that the verdict “opens the door for future cases” and emphasizes that violations of international law can be subject to judicial review, even with high hurdles.

Chronology of Court Decisions

• The two Yemeni men heard a drone buzz during a dinner before a wedding in 2012.
• They heard a missile attack that claimed multiple lives.
• The case was initially dismissed, but the higher administrative court in Münster ruled in their favor in 2019.
• Germany appealed, and a higher court overturned the decision in 2020, arguing that diplomatic efforts ensured compliance with international law.

Yemeni Men’s Statement

The men called the ruling “dangerous and disturbing,” asserting that:

• Countries that assist the U.S. assassination program bear no responsibility when civilians are killed.
• “Our hearts are broken, and our faith in international law is shaken,” they said.

German Government’s Position

Berlin welcomed the ruling, stating that it showed the government has a wide margin of discretion in assessing compliance with international law:

• “According to the ruling, the government has no fundamental duty to protect foreigners abroad affected by military action by third states if, in the government’s assessment, these attacks are within the bounds of what is permissible under international law,” the defence and foreign ministries said.