As has happened in many wars, during NATOs 1999 war against Yugoslavia innocent civilians became accidental targets. International Humanitarian Law (IHL) prohibits indiscriminate attacks, that is, attacks which do not distinguish between legitimate military targets and civilians. A NATO aircraft bombed the bridge in Varvarin, resulting in the death of several civilians. Although the aircraft had not been German, family members of those who had been killed sued for compensation in German courts on the basis of Germanys NATO membership. German law includes rules on compensation for illegal activities by public authorities. In the Varvarin case, German courts have continued to find that these rules are not applicable to armed conflicts. In autumn 2013, the German Federal Constitutional Court upheld this jurisprudence. This article shows the shortcomings of this approach as well as the gaps in current International Humanitarian Law concerning compensation for victims of violations of the l...aws of war.
Keywords:
war / Varvarin / humanitarian law / Germany / compensation
Source:
Anali Pravnog fakulteta u Beogradu, 2014, 62, 3, 5-16
TY - JOUR
AU - Kirchner, Stefan
AU - Geler-Noch, Katarzyna
PY - 2014
UR - https://ralf.ius.bg.ac.rs/handle/123456789/1611
AB - As has happened in many wars, during NATOs 1999 war against Yugoslavia innocent civilians became accidental targets. International Humanitarian Law (IHL) prohibits indiscriminate attacks, that is, attacks which do not distinguish between legitimate military targets and civilians. A NATO aircraft bombed the bridge in Varvarin, resulting in the death of several civilians. Although the aircraft had not been German, family members of those who had been killed sued for compensation in German courts on the basis of Germanys NATO membership. German law includes rules on compensation for illegal activities by public authorities. In the Varvarin case, German courts have continued to find that these rules are not applicable to armed conflicts. In autumn 2013, the German Federal Constitutional Court upheld this jurisprudence. This article shows the shortcomings of this approach as well as the gaps in current International Humanitarian Law concerning compensation for victims of violations of the laws of war.
T2 - Anali Pravnog fakulteta u Beogradu
T1 - Compensation for violations of the laws of war: The Varvarin case before German and international courts
EP - 16
IS - 3
SP - 5
VL - 62
DO - 10.5937/AnaliPFB1403005K
UR - conv_3259
ER -
@article{
author = "Kirchner, Stefan and Geler-Noch, Katarzyna",
year = "2014",
abstract = "As has happened in many wars, during NATOs 1999 war against Yugoslavia innocent civilians became accidental targets. International Humanitarian Law (IHL) prohibits indiscriminate attacks, that is, attacks which do not distinguish between legitimate military targets and civilians. A NATO aircraft bombed the bridge in Varvarin, resulting in the death of several civilians. Although the aircraft had not been German, family members of those who had been killed sued for compensation in German courts on the basis of Germanys NATO membership. German law includes rules on compensation for illegal activities by public authorities. In the Varvarin case, German courts have continued to find that these rules are not applicable to armed conflicts. In autumn 2013, the German Federal Constitutional Court upheld this jurisprudence. This article shows the shortcomings of this approach as well as the gaps in current International Humanitarian Law concerning compensation for victims of violations of the laws of war.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Compensation for violations of the laws of war: The Varvarin case before German and international courts",
pages = "16-5",
number = "3",
volume = "62",
doi = "10.5937/AnaliPFB1403005K",
url = "conv_3259"
}
Kirchner, S.,& Geler-Noch, K.. (2014). Compensation for violations of the laws of war: The Varvarin case before German and international courts. in Anali Pravnog fakulteta u Beogradu, 62(3), 5-16.
https://doi.org/10.5937/AnaliPFB1403005K
conv_3259
Kirchner S, Geler-Noch K. Compensation for violations of the laws of war: The Varvarin case before German and international courts. in Anali Pravnog fakulteta u Beogradu. 2014;62(3):5-16.
doi:10.5937/AnaliPFB1403005K
conv_3259 .
Kirchner, Stefan, Geler-Noch, Katarzyna, "Compensation for violations of the laws of war: The Varvarin case before German and international courts" in Anali Pravnog fakulteta u Beogradu, 62, no. 3 (2014):5-16,
https://doi.org/10.5937/AnaliPFB1403005K .,
conv_3259 .
