February 26, 2020European Court of Human Rights Pending Article 2 Jurisdiction Intervenor
The facts of the case
In this case before European Court of Human Rights, which concerned an investigation into an airstrike in Afghanistan that killed the Applicant’s two sons, RSI intervened on behalf of the Applicant. The two Afghan brothers, aged 8 and 12, were killed in an air-strike ordered by the German Government on 4 September 2009. It is estimated that between 14 and 142 Afghans died in the strike, of whom 14 to 113 were civilians.
The significance of Hanan v. Germany rests on two main questions. The first is whether the European Convention on Human Rights ("the Convention”) applies to the armed forces of Member States deployed abroad under Article 1. For this reason, a number of Member States’ governments, such as the British and French, were given leave to intervene in the case. The second question pertains to Germany’s investigation into the airstrike, and whether this adequately fulfilled its procedural obligations under Article 2 of the Convention.
RSI’s intervention in the case
RSI made submissions on the following three issues:
The judgment in the case
The judgment in Hanan v. Germany is pending. The Court held the latest hearing in this case on 26 February 2020, starting with oral submissions by parties as well as submissions by third party interveners France, the UK, and RSI.
What does this mean for our work?
In our intervention, RSI supported its colleagues in their attempts to re-apply established rule of law principles to the changing nature of the conflict. This case contributes to our ongoing commitment to advocacy surrounding thorough investigations of violations of the right to life.
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