Case Study: US Drone Strikes in Yemen via Ramstein Air Base
摘要
This chapter qualitatively examines the case of Faisal bin Ali Jaber et al. against Germany and the United States. It applies the research findings of the previous chapters to the case. This strategic case on US drone strikes in Yemen via Ramstein Air Base before US and German courts is notable for several reasons. First, it involves a foreign individual claiming a violation of German fundamental rights. Second, it raises questions of legal standing and the applicability of German fundamental rights to foreign citizens outside of German territory. It also raises questions about the scope of the duty to protect the right to life. Third, it raises issues of compliance with international law, in particular IHL. Finally, the case raises a claim against the German government by allowing the US Air Force to use Ramstein Air Base for anti-terrorism operations with armed drones in the Middle East. Thus, the case involves foreign, security, and defense policy questions. All of these aspects are considered in analyzing strategic litigation’s impact in expanding compliance with, and enforcement of, IHL. First, the facts of the case are examined, then the court proceedings and decisions before the US courts and German courts are analyzed. After an assessment of litigation possibilities in the case looking at procedural and doctrinal avenues for access to justice, an examination of the legal questions is undertaken. Next, the aspects of strategic litigation by the ECCHR in the case and similar strategic cases will be enquired into. Finally, the case’s impact is discussed, and conclusions are drawn.