Urteil des Europäischen Gerichtshofs für Menschenrechte, 16.2.2021 (engl. Originalfassung)
In today’s Grand Chamber judgment in the case of Hanan v. Germany (application no. 4871/16) the European Court of Human Rights held, unanimously, that there had been:
no violation of Article 2 (right to life) of the European Convention on Human Rights
The case concerned the investigations carried out following the death of the applicant’s two sons in an airstrike near Kunduz, Afghanistan, ordered by a colonel of the German contingent of the International Security Assistance Force (ISAF) commanded by NATO.
The Court found that the fact that Germany had retained exclusive jurisdiction over its troops deployed within the International Security Assistance Force with respect to serious crimes, which, moreover, it was obliged to investigate under international and domestic law, constituted “special features” which, taken in combination, triggered the existence of a jurisdictional link for the purposes of Article 1 of the Convention in relation to the procedural obligation to investigate under Article 2.
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