Litigating and Enforcing International Humanitarian Law before German Courts: Public Interest Litigation via Individual Rights as a Vehicle for Access to Justice in Situations of Armed Conflict

Amidst global armed conflicts, the importance of International Humanitarian Law (IHL) is notably high. Unlike human rights, IHL does not grant individuals direct rights, but modifies individual rights, like the right to life, during armed conflict. Key principles of IHL include distinction and proportionality to limit civilian casualties. However, IHL lacks effective enforcement mechanisms. Public interest litigation offers a potential avenue for enforcing IHL through individual rights-based approaches with the potential to impact domestic and international law. Recent public interest cases range from climate change, digital rights, and corporate responsibility to refugee and human rights cases, often incorporating international law arguments. Resorting to (international) criminal law in the case of war crimes is an established public interest approach. Yet, recently, public interest litigation alleging violations of IHL before administrative, constitutional, and human rights courts has established itself as a novel approach. Scrutinizing such landmark decisions, particularly those involving IHL, provides insights into the approaches and potentials of public interest litigation. This contribution analyzes examples of public interest litigation seeking compliance with IHL in arms export, drone strike and air strike cases to illustrate the procedural avenues, legal arguments, and socio-political implications. The analysis offers a critical evaluation of the potential and challenges of public interest litigation in shaping domestic and international law and practice, especially concerning IHL.