World Justice and drone warfare: Why there must be no free flight

15:45  29 november  2020
15:45  29 november  2020 Source:   tagesspiegel.de

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The lawsuits against the controversial use of the US Ramstein Air Base have been dismissed. This cannot be the last word. A comment.

Eine bewaffnete Drohne der US-Luftwaffe. © Photo: dpa An armed drone of the US Air Force.

Of all the ways to kill a person, using a drone is probably the most arrogant. The perpetrator sits thousands of kilometers away and steers his deadly aircraft at a victim who does not intend to attack. For him it is an on-screen act, for the victim it is brutal reality or rather its end. It is not uncommon for people to die who shouldn't be hit - families, children.

It's no wonder that military personnel around the world swear by this weapon. In theory and practice, as is often the case in technical matters, the Americans are furthest. The drone war is the military front in a war on terror that the Americans are waging on all fronts. As a former Vice President, President-elect Joe Biden has an outstanding share of responsibility. Barack Obama was an avowed drone warrior. It was Trump's successor too, only he was one who was less confessed; here he again strengthened the principles of military secrecy.

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SPD has given up its resistance

The future of the drone has only just begun. Whoever throws himself into her political trajectory is done for. That is why the SPD has given up its resistance to ammunitioning Bundeswehr drones. German soldiers deployed abroad are already gaining the necessary overview.

And soon the necessary resistance. Of course, the Germans do not want to kill specifically, they want to protect themselves specifically. The weapon technology is similar for both uses. And it's no secret that is also experimenting with terrorists . There were bodyguards yesterday; people at risk could use some kind of air defense in the future.

USA have legally unleashed the drone war

The Americans have the questionable merit of having legally unleashed the drone with the proclamation of a worldwide "war on terror". Who will treasure it again? At least not the German Federal Administrative Court, which has now dismissed the lawsuit of three Yemeni citizens.

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The drones work so well that it must be all right to kill people with them. His latest, the military thriller Eye in the Sky, which doubles as both a character drama and a meditation on the ramifications of drone warfare , is no exception.

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You threw the Federal Republic a silent Complicity because it tolerates the US using its Ramstein Air Base in Rhineland-Palatinate as a radio station for operations. To do this, they invoked the basic rights in the German constitution that protect life; Relatives of theirs had already lost theirs in drone attacks.

basic rights also apply to foreigners

basic rights also apply to foreigners. And they also apply to them abroad if the encroachment on fundamental rights is sufficiently related to Germany. That is not the case, said the judges. Ramstein is a machine, that is to say: If international law is broken, it is because the machine is operated from the USA.

One can doubt that because the German government had this machine put into their own living room, so to speak. The argument of the Leipzig court seems formalistic here. There is also no position on questions of international law except that one can be of multiple and divided views here.

Court spares politics from the constraints of law

That is a little bit; the lower court, the Higher Administrative Court of Münster, had made it clear that the right to preventive self-defense claimed by the Americans at any time and in any place found no basis in international law. The federal government was obliged to urge the USA to ensure that the operations are legally compliant.

The Federal Administrative Court waives this. It spares politics from the constraints of law. The federal government had made sufficient efforts that foreign policy could not be dictated by the courts. So rest around Ramstein? The drone has no limits. That's why she needs rules. The highest German court probably missed a chance for it. But one should wait for the written reasons for the judgment; maybe there is substance in it - for the next lawsuit.

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usr: 1
This is interesting!