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Chemical Weapons Deployment (Danger to Life) Case
Published online by Cambridge University Press: 01 January 2021
Abstract
States — Conduct of foreign relations — Deployment of armed forces — Chemical weapons — Consent by Government of Federal Republic of Germany to deployment of United States chemical weapons on German territory within framework of nato — Whether violating constitutional right to life and health of German citizens under Article 2(2) of Basic Law of Federal Republic — Whether risk to life judicially determinable — Whether deployment of such weapons in Federal Republic constituting impermissible transfer of sovereignty contrary to Article 24(1) of Basic Law — Relevance of fact that United States President having final right of decision over use of weapons
States — Conduct of foreign relations — Foreign and defence policy of Federal Republic of Germany — Whether subject to judicial review — Stationing of chemical weapons in Federal Republic — Duty of State to protect the lives and health of its citizens — Whether overridden by duty of State to defend itself against foreign military attack — Whether balancing of conflicting public and private interests exclusively a matter for Executive — Limited scope of judicial review
War and armed conflict — Use of force — Collective self-defence — Weapons — Chemical weapons — Reprisals — Deployment of chemical weapons for defensive purposes — Potential “second-strike” use of such weapons — Whether lawful under customary international law — Deployment of such weapons in Federal Republic of Germany within framework of NATO Treaty Alliance defence programme — Whether duty of State to take measures to resist armed attack taking precedence over protection of civilian population from possible repercussions
Treaties — Conclusion and operation — Constitutional limitations — Participation of Government in conclusion of treaties — Whether capable of being the subject of constitutional complaints by individuals relying on provisions of Basic Law of Federal Republic — Whether conclusion of treaties constituting sovereign act with no legal effect under national law prior to ratification — The law of the Federal Republic of Germany
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