Enforcing International Humanitarian Law Via Individual Rights: The Role of Strategic Litigation in Germany

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 presence 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 of such cases are discussed. 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 (Afghanistan) air strike. 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.  Next to a primary research audience, the book's findings are highly relevant for IHL practitioners, individual and collective actors in strategic litigation, 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.

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 presence 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 of such cases are discussed. 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 (Afghanistan) air strike. 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.  Next to a primary research audience, the book's findings are highly relevant for IHL practitioners, individual and collective actors in strategic litigation, 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.