2019 The NETHERLANDS Supreme Court – Mothers of Srebrenica vs The State of the Netherlands13 August 2019
This decision represents the final stage in the efforts of the Mothers of Srebrenica to obtain reparations before a Dutch court for the death of 350 Bosniak men and boys, killed in Srebrenica in 1995. See the decisions of the Dutch District court (The Hague 2014) and Appeals court (2017) elsewhere on this page. Via this link you can read the official summary of the case (full English transcript not yet available).
Having initially been awarded full reparations by the District Court, the degree of responsibility for which the Dutch State was held liable was reduced to 30% by the Appeals Court and now to only 10% by the Supreme Court. The Supreme Court judges once again attempt to assess the degree of responsibility of the Dutch State by considering what chance the Bosniak men might have had of escaping abuse and death, if the Dutch battalion protecting them had not released them from its compound into the hands of the Bosnian Serb army. Concluding that, under the circumstances, their chance of survival would have been very slight even if they had been allowed to stay in the compound, the court decided that only 10% of the responsibility for their deaths could be attributed to the Dutch State.
Germany takes drones case to Federal Administrative Court for final decision13 May 2019
The German government has appealed the judgment of the Higher Administrative Court for the State of North Rhine-Westphalia ordering that Germany must take appropriate measures to ensure that any use of Ramstein Air Base by the US for armed drones operations in Yemen, shall take place in accordance with international law. The case is now taken to Germany’s supreme administrative court, the Federal Administrative Court in Leipzig.
Yemeni drone victims win case in Germany21 March 2019
In the case of Bin Ali Jaber vs Germany, the Higher Administrative Court in Münster found that claimants “are justified in fearing risks to life and limb from US drone strikes that use Ramstein Air base in violation of International Law”. The Court found that Germany’s role means it has a duty to protect the right to life of those being targeted and that Germany must now take action to ensure that the US use of the airbase at Ramstein is in accordance with international law.
For the court’s press release in German click here.
Appeal Hearing at German Court in Bin Ali Jaber case11 March 2019
On Thursday 14th March there will be appeal hearing at the Higher Administrative Court of Münster (Germany) in the case of Yemenite drone victim Faisal bin Ali Jaber. ECCHR and Reprieve, assisting claimant in this suit, expect that the hearing will consider the details of use of US airbase in Ramstein as well as official US policies on drone strikes. Legal questions will include the application of IHL as well as protection from arbitrary infringement of the right to life under human rights law. More info on the case can be found here.
For a summary of the 2015 ruling of the Court of first Instance, the Administrative Court of Cologne (Germany), click here.
Appeal hearing at German Court in case of Somali drone victim11 March 2019
On Wednesday March 13th, the German Higher Administrative Court in Münster will entertain the appeal of a Somalian herdsman whose father was killed in a US drone strike in Somalia in 2012. The case was brought in collaboration with the Open Society Justice Initiative and legal challenges the use of U.S. military bases on German soil to support lethal drone strikes in Africa and the Middle East. More can be read here.
A summary of the 2016 ruling of the Court of first Instance, the Administrative Court of Cologne (Germany), can be read here.
Transparancy for victims of coalition bombardments5 November 2018
Nuhanovic Foundation and the War Reparations Centre of the University of Amsterdam organize a seminar on how victims of coalition bombardments on Iraq obtain information about the bombardments through national or international legal proceedings. University of Amsterdam 6 November 2018
Nuhanovic Foundations signs statement on drones for UNGA First Committee on Disarmament and International Security18 October 2018
The Nuhanovic Foundations signed-on to a civil society statement on drones that has been presented to United Nations General Assembly First Committee on Disarmament and International Security on October 17th. This body, which deals with disarmament, global challenges and threats to peace, will meet from 8 October – 9 November 2018 in New York. Together with our co-signatory members of the European Forum on Armed Drones (EFAD), we are keen to ensure drones have a strong mention.
Will Bemba’s acquittal have consequences for reparations?5 July 2018
On 8 June 2018, the Appeals Chamber of the International Criminal Court (ICC) acquitted Jean-Pierre Bemba Gombo for war crimes and crimes against humanity, crimes he had been found guilty of by the ICC’s Trial Chamber III in March 2016. Following his conviction, Trial Chamber III appointed experts to advise it on reparations for Mr Bemba’s victims and on the scope of his liability for reparations. Whether and how the Appeals Chamber’s decision will impact the reparations for the victims in this case, is now uncertain; Trial Chamber III has invited the Defence, the victims’ legal representative, the Office of Public Counsel for Victims, the Office of the Prosecutor and the Trust Fund for Victims (TFV) to give their view on what the consequences should be before July 20th 2018.
Notwithstanding Bemba’s acquittal, the TFV has announced that in the context of the Bemba case, there is massive evidence of victim suffering and therefore it will speed up the launch of a programme providing victims and their families in the Central African Republic with physical and psychological rehabilitation and material aid.
Lubanga’s child soldiers’ harm recognized and to be repaired15 December 2017
On 15 December 2017, Trial Chamber II of the International Criminal Court delivered its decision on reparations in the Lubanga case, unanimously setting the amount of collective reparations to which Mr. Lubanga is liable to the total sum of USD 10,000,000 of which USD 3,400,000 is allocated to the 425 recognized victims and USD 6,600,000 to other potential eligible victims. A summary of the decision –which is drawn up in French- will soon be published on our website.
Imminent: decision on Reparations in Lubanga case10 December 2017
On 15 December 2017 at 10:00, Trial Chamber II of International Criminal Court will deliver its decision in the Lubanga case, setting the amount of reparations for which Mr. Lubanga is liable. The hearing will be held in the presence of the Legal Representatives of the victims, the Office of Public Counsel for the Victims, the Defense, and the Trust Fund for Victims. A video link will be established between the Makala Prison in the Democratic Republic of the Congo (DRC) where Mr Lubanga is imprisoned in order to allow him to attend the delivery of the decision.
More detailled information on the Lubanga case can be found here, under the header 'Cases before International Courts'.