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Kunduz Affair, Hanan and Rauf v Germany, Revision judgment, III ZR 140/15, BGHZ 212, 173, BayVBl 2017, 314, DVBl 2017, 65, JZ 2017, 419, NJW 2016, 3656, NVwZ 2017, 87, NZWehrr 2017, 26, ILDC 2628 (DE 2016), 6th October 2016, Germany; Federal Court of Justice [BGH]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 02 July 2022

Whether an individual’s right to compensation for unlawful action of another state could be based on Article 3 of the Hague Convention (IV) Respecting the Laws and Customs of War on Land and its annex: Regulations Concerning the Laws and Customs of War on Land or Article 91 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts.

Whether a violation of international humanitarian law by armed forces during a military operation abroad entailed domestic state liability vis-à-vis the injured individuals.

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