Drones, Discretion, and the Duty to Protect the Right to Life: Germany and its Role in the United States' Drone Programme Before the Higher Administrative Court of Münster
Year: 2019
Author: Beinlich, Leander
German Yearbook of International Law, Vol. 62 (2019), Iss. 1 : pp. 557–580
Abstract
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Journal Article Details
Publisher Name: Global Science Press
Language: English
DOI: https://doi.org/10.3790/gyil.62.1.557
German Yearbook of International Law, Vol. 62 (2019), Iss. 1 : pp. 557–580
Published online: 2019-01
AMS Subject Headings: Duncker & Humblot
Copyright: COPYRIGHT: © Global Science Press
Pages: 24
Author Details
| Section Title | Page | Action | Price |
|---|---|---|---|
| Leander Beinlich\nDrones, Discretion, and the Duty to Protect the Right to Life: Germany and its Role in the United States’ Drone Programme Before the Higher Administrative Court of Münster | 557 | ||
| I. Introduction | 557 | ||
| II. The Facts of the Case and the Role of Germany in the US Drone Programme | 558 | ||
| III. Legal Proceedings in the US and in Germany | 559 | ||
| IV. The Judgment of the OVG Münster | 561 | ||
| A. Linking German Fundamental Rights with International Law | 562 | ||
| B. The Legality of the US Drone Programme (in Yemen) | 564 | ||
| C. Has the German Government Fulfilled the Duty to Protect the Lives of the Claimants? | 557 | ||
| D. The Way Forward | 557 | ||
| V. Torn Between Overly Restricting and Overly Deferring to the Executive? | 557 | ||
| A. The Judgment’s Doctrinal Framework and the Court’s Institutional Self-Understanding | 557 | ||
| B. Operationalising and Applying the Court’s Doctrinal Framework | 557 | ||
| C. Doctrinally Conclusive but Detached from Reality? | 558 | ||
| D. Pursuing a Middle Way | 558 | ||
| VI. Conclusion and Outlook | 558 |