Nukewatch Quarterly Summer 2021
Germany’s Federal Constitutional Court issued a blunt rejection of an appeal from nuclear weapons resisters, on May 4, 2021, without presenting any explanation of its decision. The court did note that under federal law, “reasons need not be given for a decision refusing to accept a constitutional complaint.”
Stefanie Augustin of Dortmund, Marion Küpker of Hamburg, and Margriet Boss of Amsterdam were convicted last year in Cochem District Court of property damage and trespass at the Büchel Air Force Base, charges that came after the 18-person go-in action of July 15, 2018. Stefanie and Marion appealed, first to the Regional Court in Koblenz which ruled against them, then to the Constitutional Court in Karlsruhe, the Germany equivalent of the US Supreme Court.
The high court said that its judges unanimously agreed that “the constitutional complaint is not accepted for decision” and that there is “no longer any legal remedy at national level.” This finality means the two may now appeal to the European Court of Human Rights in Strasbourg, France, on the grounds that German courts have all unfairly refused to consider the international humanitarian laws and other treaties that forbid any planning and preparations for unlawful, indiscriminate military attacks. The European Court strictly limits the number of appeals it agrees to hear using a stringent set of judicial requirements.