Actors and Approaches of Strategic Litigation
摘要
To achieve a better understanding of strategic litigation and its potential for enforcing IHL, the main actors in Germany and beyond, and their strategic litigation approaches will be examined in this chapter. The most prominent actors in strategic litigation in Germany are non-governmental organizations (NGOs), as well as strategic litigation networksStrategic Litigation Network. The key German NGOs in this realm, the European Center for Constitutional and Human Rights (ECCHR) and the Society for Civil Rights (Die Gesellschaft für Freiheitsrechte) will be closely examined regarding their structure, mission and work. Nevertheless, there are also actors like specialized law firms and individual litigators. Additionally, governments, university law clinicLaw Clinics and legal scholars also play a role, with various other actors. Next, the chapter will investigate common strategies and approaches of strategic actors. It will discuss their common mission, the strategic selection of cases and fora, litigation objectives as well as legal and extra-legal instruments used, and strategic methods utilized. Finally, relevant conclusions based on these analyses are drawn.