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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 | Central Office Italy
for Diplomatic Correspondence | Protecting Power Civil Affairs
www.schiedsgericht-ga.org | info@schiedsgericht-ga.org
c/o Casa Fangacci, Via del Ranuncolo n. 9,

CAP 06024 Gubbio – Italy

DIPLOMATIC COMMUNICATION UNDER INTERNATIONAL LAW

Determination and opportunity for remedy during the investigation procedure

Reference number: SG-GA1949/DE-BY/AGBA/0626-01

To:

Civilian Ursula Haderlein, President of the Regional Court of Bamberg

Civilian Baum, Judge of the Regional Court of Bamberg

Civilian Dechant, Judge of the Regional Court of Bamberg

Civilian Distler, Judge of the Regional Court of Bamberg

Civilian Oppel, Judicial Secretary of the Regional Court of Bamberg

Wilhelmsplatz 1, 96047 Bamberg, Germany

Fax: +49 962 1962414951

„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:

Determination and opportunity for remedy during the investigation procedure

(domestic reference numbers: 23 OWi 2324 Js 19088/21,

2 Gs 71/26,

2 Gs 44/26)

Affected Civilians: S. Z. and D. S.-L.

Domicile: **redacted**

Valued Responsible Authorities of the Local Court of Bamberg, namely Civilian Ursula Haderlein (in her capacity as President), Civilian Baum (in his capacity as Judge), Civilian Dechant (in his capacity as Judge), Civilian Distler (in her capacity as Judge) and Civilian Oppel (in her capacity as Judicial Secretary), as well as all responsible persons involved in this institution,

Historical Finding

As of 21 April 2025, protected civilians pursuant to the Geneva Conventions convened the Arbitral Tribunal pursuant to the Geneva Conventions of 1949.

Thereby, for the first time since the entry into force of the Geneva Conventions, the original treaty text itself was brought into direct, complete, and mandatory application.

The decades-long non-convening was not based on the absence of an obligation under international law, but exclusively on the fact that, up to that point, no protected civilians had placed themselves unconditionally, without remuneration, and while accepting personal disadvantages, in the service of the universal protection of all civilian persons pursuant to the Geneva Conventions.

The convening does not constitute a request, a petition, or an appeal, but the direct exercise of treaty authority and of the protective obligation arising from Article 1 of the Geneva Conventions of 1949 to respect and to ensure respect under all circumstances.

With the convening, an independent humanitarian review, safeguarding, and protection mechanism was created for the first time, which is based directly on the treaty text of the Geneva Conventions and fully activates its original protective function.

The convening was carried out by protected civilians in the exercise of their responsibility to ensure compliance with international humanitarian law under all circumstances — irrespective of war or peace, political situation, state order, or any other external circumstances.

Thereby, the universal claim to protection under the Geneva Conventions was, for the first time, practically implemented in its direct and unrestricted humanitarian effect.

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-BY/AGBA/0626-01

Date: 21 September 2026

Gubbio, Italy, recorded by the Registry – 32-page document

Within the framework of the opened investigation and determination procedure, and after assessing the documents and documented procedural histories available, the Arbitral Tribunal determines that the proceedings associated with and examined under the domestic reference numbers

23 OWi 2324 Js 19088/21,

2 Gs 71/26 and

2 Gs 44/26

were, according to the determination of the Arbitral Tribunal, not conducted with sufficient assurance of the fundamental procedural guarantees on which it relies.

In particular, according to the assessment undertaken, the guarantees of proper and impartial proceedings laid down in Article 75 of Additional Protocol I were not ensured in the required manner, insofar as that provision is applicable to the matters under examination.

I. Opportunity for Remedy and Rectification

The investigation and determination procedure does not serve solely to document procedural violations that have already occurred.

During the ongoing investigation and determination procedure, the actors involved and responsible authorities are given the opportunity to respond to the identified procedural deficiencies and provide a remedy.

Such a remedy may in particular be achieved by suspending the measures objected to, or those based on the procedural course found to be deficient, by refraining from their further implementation, and by opening or ensuring for the affected civilians a process in which the relevant guarantees of proper and impartial proceedings are actually observed.

The possibility of rectification therefore consists in ending the continuation and continuing effects of the procedural course determined to be deficient and establishing a situation that complies with the relevant procedural guarantees.

Such a remedy does not retroactively eliminate the events already documented. It will, however, be expressly taken into account in the final determination of the Arbitral Tribunal.

II. Conduct During the Ongoing Investigation Procedure

The conduct of all actors involved following notification of the investigation procedure forms part of the further determination.

In particular, consideration will be given to

• whether any further continuing effect is prevented,
• whether the affected civilians are actually granted the required procedural guarantees, and
• whether the identified procedural deficiencies are demonstrably remedied.

If such a remedy is provided, this will be documented in the final outcome of the investigation and determination procedure.

If no remedy is provided and the procedural courses objected to are continued unchanged despite notification of the determination, this circumstance will likewise be documented and assessed within the framework of the final determination.

III. Notification

This determination is transmitted to all designated recipients for information and for inclusion in the record of their respective authority or institution.

Where the receiving authority or institution maintains a registry, the communication is simultaneously transmitted for entry into the record of that registry and for allocation to the matters associated with the designated reference numbers.

IV. Individual Responsibility of the Actors Involved

The opportunity for remedy existing during the investigation and determination procedure does not release any actor involved from responsibility for their own acts or omissions.

Each actor involved must align their own conduct within their actual area of responsibility and decision-making authority with the legal obligations applicable to them.

Responsibility therefore cannot be excluded solely because a person invokes an official position, an internal allocation of responsibilities, the act of a superior, or instructions received.

In particular, the mere statement,

“I merely acted on instructions”

does not in itself constitute a general exemption from personal responsibility.

Insofar as a person becomes aware of an unlawful procedural course and, within their actual area of competence and decision-making authority, contributes to its continuation, that person’s own contribution is to be separately determined and legally assessed.

The same applies to those actors who, by virtue of their actual powers, have the ability to remedy an identified procedural deficiency, suspend an objected-to measure, or work toward the establishment of proper proceedings.

V. Responsibility Following Notification of the Determination

Upon receipt of this determination, the actors involved obtain knowledge of the procedural deficiencies identified by the Arbitral Tribunal and are simultaneously given the opportunity to provide a remedy within their respective areas of responsibility.

Further acts or omissions following this notification will therefore be documented in the ongoing investigation and determination procedure and individually assessed in the final determination.

Any remedy provided will be documented, as will any continued participation in the procedural courses objected to despite knowledge thereof.

The responsibility of each person involved will be assessed according to their own established acts or omissions, their actual area of responsibility, and the legal norms applicable in each case.

VI. Determination Concerning the Absence of Harm to Third Parties and the Use of Force

Within the framework of the investigation and determination procedure, it was furthermore examined whether the civilians S. Z. and D. S.-L. caused specific harm to other persons and how the measures taken against them related thereto.

After assessing the submissions, documents and evidence available in the investigation procedure, the Arbitral Tribunal determines:

No harm caused by the civilians S. Z. and D. S.-L. to another person was established.

In particular, within the framework of the investigation procedure, no injury to another human being caused by the named civilians was established that could have justified the nature and intensity of the physical force used against them.

By contrast, after assessing the documented events, the Arbitral Tribunal determines that the law-enforcement personnel involved used physical force against the named civilians which, according to the circumstances established, was disproportionate to the situation posed by the civilians.

The Arbitral Tribunal therefore assesses the documented use of force as disproportionate.

This determination forms part of the overall assessment of the investigation and determination procedure.

VII. Significance for the Final Determination

In the final assessment, the established circumstances are to be considered in their entirety:

the absence of established harm to third parties by the affected civilians, the disproportionate force used against them, the identified deficiencies in the subsequent procedural courses, and the question whether the actors involved, after notification of this determination, provided a remedy within their respective areas of responsibility.

The responsibility of the individual actors involved is to be separately assessed on the basis of their respective established acts or omissions and the legal norms applicable to them.

This determination is transmitted to all designated recipients for information and for inclusion in the record of their respective authority or institution.

Where the receiving authority or institution maintains a registry, the communication is simultaneously transmitted for entry into the record of that registry.

Obligation of all branches of power

The legislative, executive and judicial branches of the Federation and the Länder are equally under the mandatory obligation to enforce the Geneva Conventions of 1949 in all circumstances on the basis of the binding treaties.

Liability without immunity

Those responsible for violations enjoy no immunity.

Neither membership of the legislative, executive or judicial branch, nor an official position, official mandate, rank or instruction releases a person from personal liability.

A continuation or repetition of measures will be assessed as an intentional violation of international humanitarian law and will result in double personal liability for all persons involved.

All recipients are hereby bound under international law and domestic law. Any disregard will be documented and forwarded to the Allied Protecting Power.

With legally binding notification under international law

for the Arbitral Tribunal pursuant to the Geneva Conventions of 1949

on behalf of the Central Office

With diplomatic respect

Signature without loss of right

C. I.

Sworn Arbitrator leading the investigation, Central Office Italy

International Law pursuant to the Geneva Conventions of 1949

Diplomatic Dispatch:

With diplomatic respect

Signature without loss of rights

S. L.-K.

Sworn Arbitrator, German Branch Office

International Law pursuant to the Geneva Conventions of 1949

Diplomatic transmission pursuant to the Geneva Conventions of 1949

(This communication was transmitted in fulfilment of international-law protection obligations within the humanitarian framework.)