Brief Comparison of the Cases and Conclusion
摘要
The Kunduz and Ramstein cases share similarities, however, they also represent different strategic approaches. This does not only concern the facts and the legal questions, but also the usage of the legal instruments in trying to achieve a strategic impact on the application, interpretation, and enforcement of IHL in conjunction with fundamental rights claims. They both serve as examples of how transnational strategic litigation can be a useful vehicle for enhancing IHL in German courts and the ECtHR. The most important summarized aspects of the Kunduz and Ramstein cases will be briefly compared with a particular focus on the enforcement of the law. The following comparison of similarities and differences of the cases serves to highlight certain relevant aspects but does not intend to be a comprehensive case comparison. An overall conclusion summarizes the main findings of this book regarding the contributing role of strategic litigation in enforcing IHL via individual rights. The chapter closes with a brief outlook regarding the future potential of this approach.