Unsuccessful legal action against Ramstein: Duty of care is limited to particular instances - Inadequacy in Meeting Commitments by a Member State - Responsibility for Individual Case-specific Protections
In a landmark ruling, the Federal Constitutional Court of Germany has set specific conditions for the country's intervention in foreign countries regarding the protection of fundamental human rights. The case, known as the Ramstein case, revolves around the use of the Ramstein airbase in Germany for US drone operations in Yemen.
The court's decision clarifies that Germany's constitutional protection of fundamental rights has limits in terms of extraterritorial reach and is dependent on practical connections of control or influence over the foreign operation.
The ruling states that Germany's obligation to protect fundamental human rights extends beyond its borders, but this obligation applies only when there is a "significant link to German state authority" in the foreign action being challenged. In the Ramstein case, the drone strike was coordinated from the US but used signals relayed through the German Ramstein airbase. However, the court found no such significant connection between the strike and German authority that would trigger Germany’s human rights protection duties internationally.
The court's decision rejects broader interpretations that would hold Germany accountable for all foreign human rights abuses facilitated through its territory without substantial control. The conditions are:
1. The foreign action must have a significant link to German state authority or decision-making. 2. Germany has a duty to protect fundamental rights abroad only when this nexus exists. 3. Mere technical or logistical facilitation via German bases (e.g., Ramstein) does not automatically constitute such a link.
The background of the case is a constitutional complaint by two Yemenis, whose case has been ongoing in the German judiciary for over ten years. In 2012, two men were killed in Yemen in a US drone strike. They were a policeman and a cleric who preached against Al-Qaeda in the region, according to the complainants.
The Higher Administrative Court of Münster ruled in 2019 that the Federal Republic of Germany should investigate whether US drone operations in Yemen, using the military support point, violate international law. However, the federal government denied such a protective obligation, citing a lack of qualified connection to the inland.
The American armed forces use the Ramstein base as a hub in their global drone program, with all data to and from the drones running through Ramstein to be controlled in real-time from the US. Lawyer Andreas Schüller from the European Center for Constitutional and Human Rights stated that without Ramstein, the drone overflights could not even take place.
Despite the court's decision, the plaintiffs still see a "threat to their lives" due to US drone operations in Yemen. They continue to live in Yemen, where there are continuous drone overflights and occasional attacks. The Ministry of Defense stated during the December trial that they are in a "continuous and trusting dialogue" with the USA regarding the use of the Ramstein airbase.
In conclusion, the Federal Constitutional Court of Germany has clarified that while Germany has a general protective mandate towards foreigners abroad regarding fundamental human rights and international law, this obligation is conditional on the extent of direct involvement or control by the German state in the foreign event. Without such a significant link, Germany is not obligated to prevent or monitor foreign actions abroad, even if fundamental human rights are affected there.
The Federal Constitutional Court's decision in the Ramstein case has established that Germany's obligation to protect fundamental human rights beyond its borders is contingent on a significant link to German state authority in the foreign action being challenged. This link is necessary for Germany to have a duty to protect fundamental rights abroad. The court also made clear that mere technical or logistical facilitation via German bases, such as the Ramstein airbase, does not automatically constitute such a link.
