Statement regarding recent newspaper reports on New York Court Case

17.01.2018 - Press release

Following recent reports by Namibian media outlets regarding the action filed with the District Court in New York the Embassy of the Federal Republic of Germany in Windhoek informs the public as follows:

“The Government of the Federal Republic of Germany is aware of the fact that some members of the Herero and Nama communities in Namibia have filed a legal action against Germany with a District Court in New York.

However, when service was attempted on November 15, 2017, the Federal Republic of Germany rejected the service of this action – via the US State Department and the US Embassy Berlin because the service of the complaint on a foreign State violates the principle of ”State Immunity“ – a core principle of public international law. According to this principle domestic courts do not have jurisdiction over sovereign acts of foreign States.

Following the United States law of procedure Germany has informed the court about Germany´s legal position in writing.

Beyond that, Germany never comments on any pending legal action against Germany. This also applies to the case in question

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