The Federal Constitutional Court addressed whether the right to life and physical integrity extends to individuals killed abroad by foreign states with indirect German assistance. The case involved drone strikes in Yemen, dismissed due to insufficient connections to German authority. While the court acknowledged Germany's obligation to uphold fundamental human rights and international humanitarian law, it allowed for significant governmental discretion on foreign policy. The court found no systematic violation of international law in the strikes, despite resulting civilian casualties, raising concerns about ethical implications of such military actions.
The Federal Constitutional Court ruled that Germany's right to life and physical integrity does not apply to individuals killed by drone strikes in Yemen with indirect German assistance.
While the court dismissed the lawsuit regarding the Yemen drone strike as unfounded, it emphasized Germany's obligation to protect human rights and adhere to international humanitarian law.
The ruling grants the German federal government significant discretion in shaping foreign and security policies, provided there is a connection to German authority and potential violations of international law.
Experts criticized the court's decision, highlighting that the killing of civilians during targeted strikes poses serious ethical and legal concerns, demonstrating the challenges of ensuring accountability in warfare.
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