Full Description
This book centres on the contribution of strategic litigation to the enforcement of international humanitarian law (IHL) with regard to armed conflicts around the world. It examines the instrument of strategic litigation as a vehicle for access to justice and scrutinizes its possibilities and challenges for enforcing compliance with IHL in Germany. In particular, the novel approach of connecting IHL duties set out to protect civilians with individual rights claims and the increased presentation of such arguments in strategic cases before domestic courts is analysed.
The monograph first provides a general introduction to the term of strategic litigation, its actors and approaches. It then explores the framework for access to justice in Germany and beyond as well as important past and current strategic cases. Further, the crucial impacts as well as raised concerns and key potentials are discussed, while two detailed case studies are undertaken of the landmark proceedings before German courts in the Ramstein drone case with plaintiffs from Yemen and in the case on the Kunduz air strike that took place in Afghanistan. These case studies scrutinize the procedural avenues, the legal arguments, the resulting court decisions, the strategic litigation context, and the important impact of the proceedings.
The work contributes significant and novel findings to the literature on IHL, human and fundamental rights and strategic litigation. Besides researchers, it is also aimed at IHL practitioners and actors in strategic litigation, while its findings are also highly relevant for individuals, litigants, NGOs, courts and governments.
Vera Strobel is a researcher at the Chair of Professor Dr. Thilo Marauhn in Public Law and International Law at the Justus-Liebig-University in Gießen, Germany.
Contents
Introduction to the Book and Topic.- Actors and Approaches of Strategic Litigation.- Framework for Access to Justice via Strategic Litigation.- The Impact of Strategic Litigation.- Concerns and Issues Regarding Strategic Litigation.- Potential of Strategic Litigation for Enforcing IHL.- Case Study: US Drone Strikes in Yemen via Ramstein Air Base.- Case Study: The Air Strike Ordered by a German Military Official in Kunduz.- Brief Comparison of the Cases and Conclusion.- Index.
