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
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Beinlich, L. 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. German Yearbook of International Law, 62(1), 557-580. https://doi.org/10.3790/gyil.62.1.557
Beinlich, Leander "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" German Yearbook of International Law 62.1, 2021, 557-580. https://doi.org/10.3790/gyil.62.1.557
Beinlich, Leander (2021): 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, in: German Yearbook of International Law, vol. 62, iss. 1, 557-580, [online] https://doi.org/10.3790/gyil.62.1.557
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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
German Yearbook of International Law, Vol. 62 (2019), Iss. 1 : pp. 557–580
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Leander Beinlich, Research Fellow at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg, and PhD candidate at Freie Universität Berlin.
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Table of Contents
| 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 |