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German court hears Afghan tanker attack lawsuit | |
(about 9 hours later) | |
A German court has begun hearing the cases of 79 Afghan families seeking damages for the deaths of dozens of civilians killed in a 2009 air strike. | |
The families represent victims who died when a German commander ordered the attack on two fuel tankers stolen by insurgents. | The families represent victims who died when a German commander ordered the attack on two fuel tankers stolen by insurgents. |
The families are seeking 3.3m euros (£2.8m; $4.3m) from the German government. | The families are seeking 3.3m euros (£2.8m; $4.3m) from the German government. |
In 2010, the German defence ministry paid out $430,000 to victims' families. | In 2010, the German defence ministry paid out $430,000 to victims' families. |
At the time, German authorities labelled the payment as humanitarian aid and said it did not constitute an acceptance of legal responsibility. | At the time, German authorities labelled the payment as humanitarian aid and said it did not constitute an acceptance of legal responsibility. |
The attack on the tankers happened near the northern Afghan town of Kunduz. | The attack on the tankers happened near the northern Afghan town of Kunduz. |
At least 90 people were killed, though a lawyer for the Afghan families contends that 137 people were killed. Many of the victims were women and children trying to siphon fuel as the tankers had been abandoned. | At least 90 people were killed, though a lawyer for the Afghan families contends that 137 people were killed. Many of the victims were women and children trying to siphon fuel as the tankers had been abandoned. |
The incident triggered a major political controversy in Germany, leading to the resignation of the then-Defence Minister Franz Josef Jung and the dismissal of army chief Wolfgang Schneiderhan. | |
Germany's parliament described it as "one of the most serious incidents involving the German army since the Second World War". | Germany's parliament described it as "one of the most serious incidents involving the German army since the Second World War". |
Widowed mother | |
The hearing at a court in the western city of Bonn on Wednesday focused on two claims. One is a father seeking 40,000 euros after the death of two of his children and the other is a widowed mother-of-six whose claim amounts to 50,000 euros. | |
The German government attempted to have the case thrown out, arguing that the air strike was under the command of Nato, and Berlin alone could not be blamed. | |
"The federal republic of Germany is not the right respondent. The conditions (for a lawsuit) have not been fulfilled," said government lawyer Mark Zimmer. | |
However, presiding judge Heinz Sonnenberger agreed to hear the lawsuit. He said that the case would hinge on whether the plaintiffs could prove state liability for the loss of life. | |
"We will have to review whether international humanitarian law has been violated," he told the court. | |
Peter Derleder, a lawyer for the plaintiffs, said he felt confident after the first day of the hearing. | |
"The court did not rule out a claim based on a violation of international law," he said. "There should have been a warning flight to put civilians on alert." | |
The court will resume hearing the case on 17 April. | |
About 4,400 German troops remain in northern Afghanistan, carrying out mainly training and reconstruction roles, though their number is being gradually reduced. | About 4,400 German troops remain in northern Afghanistan, carrying out mainly training and reconstruction roles, though their number is being gradually reduced. |
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