VÖLKERRECHTLICHE MITTEILUNG – Eröffnung der Feststellungslage und verbindliche Aussetzung sämtlicher Vollstreckungsmaßnahmen – Opening of the determination status and binding suspension of all enforcement measures

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**Official translation – English**

Note on language compatibility
The following translation is provided as an aid to understanding. Only the wording in the official language of the Arbitral Tribunal in accordance with the Geneva Conventions of 1949 is authoritative and binding.
In the event of contradictions or questions of interpretation, the official language shall always prevail. This translation is provided subject to reservation and without legally binding effect.

ARBITRAL TRIBUNAL UNDER THE GENEVA CONVENTIONS OF 1949

Sovereign Consular Section | External Office Sweden
for Diplomatic Correspondence | Protecting Power Civil Affairs
www.schiedsgericht-ga.org | info@schiedsgericht-ga.org
Mossberg Fensan, 68 361 Ekshärad – Sweden

on behalf of the central office in Gubbio

PUBLIC INTERNATIONAL LAW COMMUNICATION
Opening of the determination status and binding suspension of all enforcement measures
Reference number: SG-GA1949/DE-HE/KAR-DFA/01

To:
Civilian Rainer Feil, Senior Public Prosecutor of the Public Prosecutor’s Office Ellwangen
Civilian Ms. Kraus, Case Officer of the Public Prosecutor’s Office Ellwangen
Marktpl. 6, 73479 Ellwangen (Jagst), Germany
Fax: +49 7961 81375

“As you do not identify yourself as a combatant within the meaning of Article 43(2) of Additional Protocol I to the Geneva Conventions, but act as a member of a civilian institution, you are classified as a responsible civilian within this investigation.”

SUBJECT:

Opening of the determination status and binding suspension of all enforcement measures
(domestic reference numbers:
Public Prosecutor’s Office Ellwangen: B751 VRs 51 VRs 170/26
Local Court Ellwangen: 6 OWi 434/25)

Affected Civilian: D. F.
Domicile: **redacted**

Valued responsible authorities of the Public Prosecutor’s Office Ellwangen, namely Civilian Rainer Feil (in the function as Senior Public Prosecutor) and Civilian Ms. Kraus (in the function as Case Officer), as well as all responsible persons involved in this institution,

Historical Finding

On 21 April 2025, protected civilians under the Geneva Conventions of 1949 convened the Arbitral Tribunal under the Geneva Conventions of 1949.
This marks the first time in over 75 years that the treaty text itself has been implemented in its original, binding and mandatory form.

The reason no such arbitral tribunal had previously existed does not lie in the absence of a legal obligation, but solely in the fact that until this moment no civilians were willing to commit themselves unconditionally and without compensation to the protection of all civilians under international humanitarian law.

This is not a petition; it is the exercise of treaty authority pursuant to Article 1 of the Geneva Conventions.

Pacta sunt servanda – Agreements must be kept

The Geneva Conventions of 1949 must be applied mandatorily.
This communication is not a request, but an internationally binding notification.
Any opposition or disregard constitutes a breach of treaty and will be treated as such.

Reference number: SG-GA1949/DE-HE/KAR-DFA/01
Date: 28 April 2026
Ekshärad, Sweden, recorded by the Registry – 19-page document with a 7-page annex

It is hereby formally brought to attention that an ongoing investigation procedure exists, which directly concerns the underlying facts of the intended enforcement measure.

This investigation procedure addresses fundamental and previously unresolved issues concerning:

• legality,
• proportionality,
• and the factual prerequisites of the ordered coercive detention.

Accordingly, an open state of examination exists.

I. Primary classification (Lex specialis)

According to the principle of international law
“lex specialis derogat legi generali”
in the case of competing regulatory frameworks, the more specific level of examination and assessment must be applied.

The present matter is subject to an international legal framework of examination, which must be given priority and must be considered before any domestic enforcement measure.

II. Applicable framework of examination

The assessment is carried out in particular with reference to the following provisions:

• Article 1 – obligation to respect under all circumstances
• Article 4 – protection status as a protected civilian
• Article 7 paragraph 2 – prohibition of restriction of rights
• Article 8 – non-waivability of rights
• Article 27 – protection of dignity and proportionality
• Article 30 – right to address competent authorities
• Article 31 – prohibition of coercive measures
• Article 47 – protection against the effects of domestic measures
• Article 75 Additional Protocol I – fundamental guarantees in case of deprivation of liberty

III. Determination regarding coercive detention

The intended coercive detention constitutes a measure involving deprivation of liberty.

Such measures are only permissible if:

• a complete and concluded examination is available,
• proportionality is beyond doubt,
• all fundamental guarantees are fully respected.

This has not been established in the present case.

IV. Binding order

Due to the ongoing investigation procedure and the open state of examination, it is determined:

The continuation, ordering, or execution of the enforcement measure is currently impermissible.
All measures are to be fully suspended with immediate effect.

V. Liability and responsibility

It is expressly pointed out:

Any measure carried out or continued despite this communication takes place:

• outside the ongoing state of examination,
• without final legal clarification,
• and is subject to a separate assessment of individual responsibility.

Responsibility applies personally and directly to all involved actors, regardless of function or position.

VI. Effect of this communication

This communication serves:

• to clarify the existing state of examination,
• to prevent irreversible measures,
• to ensure a proper and complete assessment.

VII. Final clause

It is assumed that the competent authorities will comply with their obligation to observe the superior standards of examination and will align the necessary measures accordingly.

Obligation of all branches of power

Legislative, executive and judicial authorities at federal and state level bear equal responsibility to enforce the Geneva Conventions of 1949 at all times due to the binding treaty obligations.

Liability without immunity

Those responsible for violations enjoy no immunity.
Neither affiliation with the legislative, executive or judiciary, nor official position, assignment, rank or instruction removes personal liability.

Continuation or repetition of measures is considered a deliberate violation of international humanitarian law and results in doubled personal liability.

All recipients are hereby internationally and domestically bound.
Any disregard will be documented and forwarded to the Allied Protecting Power.

For the Arbitral Tribunal under the Geneva Conventions of 1949

on behalf of the Central Office

With diplomatic respect
Signature without loss of right

B. K.

Investigating Sworn Arbitral Judge, External Office Sweden

International Law under the Geneva Conventions of 1949

Diplomatic Transmission:

With diplomatic respect
Signature without loss of right

S. L.-K.
Sworn Arbitrator, External Office Germany

International Law under the Geneva Conventions of 1949

Diplomatic transmission in accordance with the Geneva Conventions of 1949.

(This message was sent in fulfillment of international humanitarian protection obligations.)