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German court to rule on claim against Berlin over US strikes in Yemen
German court to rule on claim against Berlin over US strikes in Yemen

Arab News

time4 days ago

  • Politics
  • Arab News

German court to rule on claim against Berlin over US strikes in Yemen

BERLIN: Germany's constitutional court will rule Tuesday in a years-long legal saga over whether Berlin can be held partly responsible for US drone attacks on Yemen due to signals sent through the Ramstein air base. The case is being brought by two Yemeni men, Ahmed and Khalid bin Ali Jaber, who lost members of their family in a US drone strike on the village of Khashamir in 2012. The survivors say they were there for a wedding of a male family member and eating dinner when they heard the buzz of a drone and then the boom of missile attacks that claimed multiple lives. A ruling in favor of the plaintiffs could have groundbreaking implications regarding Germany's responsibility toward third countries in international conflicts. The two men, supported by the Berlin-based European Center for Constitutional and Human Rights (ECCHR), argue that Germany is partly responsible for the attack because the strike was aided by signals relayed from the Ramstein base in the west of the country. 'Without the data that flows through Ramstein, the US cannot fly its combat drones in Yemen,' according to the ECCHR. 'The German government must put an end to the use of this base — otherwise the government is making itself complicit in the deaths of innocent civilians,' said Andreas Schueller, program director for international crimes at the NGO. The plaintiffs first took their case to court in 2014, arguing that Germany had a responsibility to ensure the US military was respecting international law in using the Ramstein base. The case was initially thrown out, before the higher administrative court in Muenster ruled in favor of the plaintiffs in 2019. However, the government appealed and a higher court overturned the decision in 2020, arguing that German diplomatic efforts were enough to ensure Washington was adhering to international law. In a hearing scheduled for 0800 GMT, the constitutional court must now decide what conditions are necessary for those affected abroad to sue the German state for the protection of their right to life, according to the ECCHR. This includes whether data transmission alone is enough of a connection to German territory for Germany to be held responsible. Ahead of the latest proceedings, which opened in December 2024, the German defense ministry said Berlin was 'in an ongoing and trusting dialogue' with the United States about its activities at Ramstein. The government has repeatedly obtained assurances that drones are not launched, controlled or commanded from Germany and that US forces are acting lawfully, the ministry said.

High Court cancels registration of former deputy State pathologist for professional misconduct
High Court cancels registration of former deputy State pathologist for professional misconduct

Irish Examiner

time30-06-2025

  • Irish Examiner

High Court cancels registration of former deputy State pathologist for professional misconduct

A former deputy State pathologist who was found guilty of professional misconduct over his postmortem findings in two criminal cases has had his registration cancelled by the High Court. High Court president Mr Justice David Barniville confirmed a decision of the Irish Medical Council to impose the most severe sanction and cancel the registration of Dr Khalid Jaber. The judge also referred to 'bizarre communication' indicated in the court papers from Dr Khalid Jaber who now lives in the Middle East in which the judge said the doctor made it clear he had no intention of participating, 'other than from the sidelines' with grenades to attack the Irish Medical Council, the DPP and former colleagues. The former deputy State pathologist was last February found by a Medical Council Fitness to Practise Committee guilty of professional misconduct relating to his postmortem findings in two cases. The allegations against Dr Jaber related to postmortem findings and related evidence that the Saudi-born pathologist gave to two cases before the Central Criminal Court – one of which collapsed and the other where a murder conviction was quashed both due to the pathologist's testimony. The Council Fitness to Practise Committee ruled that certain allegations of both professional misconduct and poor professional performance made against Khalid Jaber were proven following a medical inquiry which was held over six days between October 2024 and January 2025. Dr Jaber served as deputy State pathologist between 2009 and 2013 when he resigned in controversial circumstances amid reports of major disagreements with the then chief State pathologist, Marie Cassidy. In the High Court on Monday, Sinead Taaffe of Fieldfisher solicitors for the Medical Council said the Council Fitness to Practise Committee was aware that the removal from the register is the most serious sanction. She said it did not consider Mr Jaber, aged 66, had any insight into his own conduct and he regarded himself the victim. Professional misconduct - case 1 The inquiry arose following a complaint to the Medical Council in August 2015. The pathologist was accused of giving evidence in the trial of Michael Furlong for the murder of his friend, Patrick Connors, aged 37, in Enniscorthy, Co Wexford, in April 2011 that blunt force trauma which caused fractures of the deceased's jaw had contributed to his death. The committee, the High Court heard, was satisfied there was no pathological evidence to justify such a finding. The trial of Mr Furlong collapsed in 2013 following the dramatic intervention of Prof. Cassidy when she notified the DPP of her concerns about Dr Jaber's evidence and the fact that his postmortem report in the case had not been peer reviewed. The High Court subsequently prohibited the holding of a retrial. Professional misconduct - case 2 Separately, the Fitness to Practise Committee found there was no pathological evidence to justify Dr Jaber's finding in a postmortem report that the death of Francis Greene, aged 48, at Steamboat Quay in Limerick in November 2009 was due to asphyxia and the related evidence he subsequently provided in court. The victim's badly decomposed body had been immersed in water for two months before being discovered. Gardaí believed Mr Greene had been forced into the River Shannon and died by drowning but Dr Jaber's evidence suggested he had been strangled before he ended up in the water. Kevin Coughlan of Avondale Drive, Greystones, Limerick, had his conviction for the murder of Mr Greene quashed by the Court of Appeal in June 2015. However, he was subsequently convicted of Mr Greene's manslaughter at a retrial and sentenced to eight years in prison. The Fitness to Practise Committee said it was 'totally inappropriate and unjustifiable' for Dr Jaber to have made such 'a definitive and unequivocal' finding about the cause of death in 'the complete absence' of any supporting evidence. It also ruled that he had failed to demonstrate he appreciated the fundamental difference between bite marks and tooth indentations as well as incorrectly equating hanging with strangulation in his evidence. On Monday, costs were also awarded to the Irish Medical Council in the High Court.

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