TY - JOUR

T1 - Die Linke v. Federal Government and Federal Parliament (Counter Daesh)

AU - Tams, Christian J.

PY - 2020/7/1

Y1 - 2020/7/1

N2 - By a September 17, 2019 Order (Order), the German Federal Constitutional Court (FCC or Court) rejected challenges to Germany's military involvement in anti-Islamic State of Iraq and Syria (ISIS) operations in Syria. This outcome was expected and was as such insignificant. What is significant is the FCC's reasoning. The Court used the Order to clarify the constitutional roles of parliament and the executive in German foreign affairs. And it included an intriguing pronouncement on the scope of Article 51 of the UN Charter, which adds a fresh perspective to the polarized debates about self-defense against nonstate actors.

AB - By a September 17, 2019 Order (Order), the German Federal Constitutional Court (FCC or Court) rejected challenges to Germany's military involvement in anti-Islamic State of Iraq and Syria (ISIS) operations in Syria. This outcome was expected and was as such insignificant. What is significant is the FCC's reasoning. The Court used the Order to clarify the constitutional roles of parliament and the executive in German foreign affairs. And it included an intriguing pronouncement on the scope of Article 51 of the UN Charter, which adds a fresh perspective to the polarized debates about self-defense against nonstate actors.

KW - Collective security

KW - Deployment of troops

KW - Fight against ISIS/Daesh

KW - German constitutional law

KW - Parliamentary control

KW - Self-defense against nonstate actors

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=85094174748&partnerID=8YFLogxK

UR - https://www.mendeley.com/catalogue/3a05f4b6-4eed-3a77-b779-769cf01583b6/

U2 - 10.1017/ajil.2020.35

DO - 10.1017/ajil.2020.35

M3 - Scientific review articles

AN - SCOPUS:85094174748

VL - 114

SP - 463

EP - 470

JO - American Journal of International Law

JF - American Journal of International Law

SN - 0002-9300

IS - 3

ER -