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http://www.dw-world.de/dw/article/0,,4915145,00.html


Deutsche Welle
November 21, 2009


Relatives of Kunduz airstrike victims seek reparations 



-New Defense Minister Karl-Theodor zu Guttenberg recently defended the actions 
of Colonel Klein. 
"We can't have our soldiers hampered by legal doubts, especially when they are 
forced to make decisions under extreme time pressure," Guttenberg said, calling 
the airstrike "militarily appropriate."

 
A class-action suit is being brought against the German government. The suit 
will seek compensation for the families of people killed in a controversial 
airstrike in Afghanistan. 

Relatives of those killed in an airstrike near Kunduz, in northern Afghanistan 
are seeking compensation from the German government. On Saturday, Karim Popal, 
a lawyer acting on the behalf of 78 family members of the victims, told the 
Weser-Kurier newspaper that he was preparing a class-action suit against the 
government.

The airstrike had been called in on the location of two fuel tanker trucks that 
had been hijacked by the Taliban. Up to 142 people were killed in the 
bombardment, including civilians. The commander who called in the strike, 
Colonel Georg Klein, has cited the imminent threat of the tankers to the nearby 
German military base as justification for the bombardment.

A later NATO report criticized the German commander for overstepping his 
authority.

Germany has some 4,500 soldiers in Afghanistan, the third-largest number of 
troops in the NATO contingent. Based near the northern city of Kunduz, soldiers 
have had to strike back against an increasingly fierce campaign by Taliban 
insurgents.

Seeking damages

Popal said he had recently visited Afghanistan to gather and prepare material 
for his case.  He told the Weser Kurier that he hopes to settle with the 
government out of court with payment to the families. If no settlement is 
reached, Popal said, he would seek compensation for "the flawed and grossly 
negligent actions of the German forces."

Federal prosecutors in Germany are still trying to ascertain if the airstrike 
is defendable under the law of war or if Colonel Klein is vulnerable to 
civilian prosecution. 

New Defense Minister Karl-Theodor zu Guttenberg recently defended the actions 
of Colonel Klein. 

"We can't have our soldiers hampered by legal doubts, especially when they are 
forced to make decisions under extreme time pressure," Guttenberg said, calling 
the airstrike "militarily appropriate."
....
On Friday, zu Guttenberg met with US secretary of defense Robert Gates.

"I told him that the German commitment regarding Afghanistan is firm," zu 
Guttenberg told journalists after talks in Washington.

Germany's cabinet has announced plans to extend the mandate for the country's 
participation in the international military mission ISAF for another year in 
December.
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