Germany’s highest court has dismissed a case brought by Yemeni plaintiffs seeking accountability for the deaths of two relatives in a 2012 U.S. drone strike in Yemen. The plaintiffs alleged that the German government bore partial responsibility for the incident due to the use of the U.S. Ramstein Air Base in Germany.
Background of the Case
In the summer of 2012, a U.S. drone strike in the Yemeni village of Khashamir killed two members of the bin Ali Jaber family. The strike was allegedly part of a campaign targeting suspected al-Qaeda operatives. The plaintiffs, relatives of the deceased, argued that the German government enabled the operation by allowing the U.S. to use Ramstein Air Base—a crucial hub for relaying data between U.S. drone operators and aircraft operating in Yemen.
Court’s Ruling
The Federal Constitutional Court ruled on Tuesday, 15 July 2025, that while the German government may have a duty to protect foreign individuals under certain conditions, those conditions were not met in this case. The court emphasized that such a duty would only apply if:
- There is a sufficient link to German state authority.
- There is a clear and serious threat of systematic violations of international law.
According to the judges, these criteria were not fulfilled. The court concluded that the evidence presented did not establish that the U.S. military applied unlawful standards in selecting targets during the Yemen campaign.
Previous Legal Proceedings
In 2019, the Higher Administrative Court in Münster found that the German government held partial responsibility to ensure that U.S. drone operations via Ramstein comply with international law. However, it stopped short of ordering an outright ban on U.S. drone operations from German territory.
That ruling was later overturned in 2020 by a federal court, which found no legal basis for restricting U.S. use of Ramstein for drone-related operations.
Implications
This decision marks a significant moment in a decade-long legal battle, closing the path for further legal action in German courts over this particular case. Human rights advocates have criticized the use of overseas military bases in targeted drone strikes, arguing they violate international human rights norms. However, the court’s decision reaffirms the narrow legal parameters under which Germany can be held accountable for foreign military actions tied to its territory.
The ruling also highlights the complexities involved in balancing international alliances, national sovereignty, and human rights obligations in the age of remote warfare.
