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Bundeswehr bound by basic rights and liable abroad, too

In September 2009 in Kunduz (Afghanistan), around 100 civilians, including two dozen children, were killed or injured in an air raid ordered by Bundeswehr Colonel Klein. Relatives of the victims had tried – unsuccessfully in all instances – to file a lawsuit against the Federal Republic of Germany to assert official liability claims and to obtain compensation payments. With its decision published on December 16, the 2nd Chamber of the Second Senate of the Federal Constitutional Court has not accepted the constitutional complaint against the refusal of official liability claims against the Federal Republic of Germany, most recently by the Federal Court of Justice, for decision. Despite the disappointing result at first glance, this decision was a tough one, according to lawyer David Werdermann. We spoke to him.

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