War

• Author: International Law Group
• Pages: 238-239

Page 238

On May 30, 1999, NATO F-16 warplanes attacked a bridge crossing the Velika Morava river in Varvarin in central Serbia. Because of a holiday, many people were nearby, at least of ten of whom were reportedly killed in the attack. NATO declared the bridge to be a legitimate military target and refused to release the nationality of the attacking planes.

Germany was one of the NATO countries involved in the Kosovo conflict, though no German airplanes were directly involved in the attack at issue. The involvement of German airplanes in support of the attack is in dispute. A total of 35 Serbian victims and their respective estates brought action in Germany, seeking compensation for the attack.

The Plaintiffs argue that the attack violates humanitarian international law as well as the German liability law for official acts [Amtshaftungsgesetz]. Further, the Plaintiffs allege that Germany should have used its veto within NATO to prevent an attack on that bridge. Finally, German forces allegedly supported the attack by observing and protecting the air space.

The German trial court [Landgericht], as well as the State Supreme Court Cologne [Oberlandesgericht Kln], dismissed the case. The Plaintiffs appealed to the German High Court [Bundesgerichtshof].

The German High Court affirms. The Plaintiffs' compensation claims based on international law must be rejected because any compensation and reparations would be payable to the Nation at issue, not individuals. The German High Court had confi rmed this in the prior Distomo decision, and finds it confirmed in Section 91 of the June 8, 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of International Armed Confl icts. Thus, the Court does not address to what extent Germany would be liable for a violation of international law based on its mere participation in NATO operations.

Neither does the German law on liability for official acts [Section 839 of the Civil Code BGB in connection with Article 34 of the Basic Law, GG] provide for compensation in this case. The...