Sanja Milenković
Sanja Milenković ( Serbian - Cyrillic Сања Миленковић ; born November 30, 1983 in Kruševac , Yugoslavia ; † May 30, 1999 in Varvarin ) became known in Germany as a civilian victim of a NATO bomb attack during the Kosovo war .
history
Sanja Milenković died on May 30, 1999 from the bombing of a bridge over the Morava in Varvarin at 13:05. On October 15, 2003 , Sanja’s mother's mother opened a lawsuit for damages against the Federal Republic of Germany , which was involved in the war, before the district court in Bonn . The judgment stated that there was no legal basis for claims for damages by individual persons in an attacked country, since state liability cannot be applied. The Cologne Higher Regional Court has meanwhile ruled in the second instance by judgment of July 28, 2005 on the action brought by the victims of the air attack on the Varvarin bridge and in this judgment also denied claims for damages.
However, the judgment deserves attention because - unlike in the first instance by the Bonn Regional Court - it was established for the first time in the jurisprudence that the Federal Republic of Germany also in times of war or in armed state disputes within the framework of state liability law in any case basically to the individual is liable for damages if the state thereby violates the claims of the individual citizen for compliance with international humanitarian law in a manner contrary to international law. In the case of the air attack on the Varvarin bridge, however, the Federal Republic of Germany was not liable because its armed forces had not carried out the attack themselves and no concrete assistance could be established.
According to the judgment, mere participation in the Kosovo war within the framework of NATO operations is not sufficient as a liability, since German law requires a specific attribution of the damage. However, this finding by the Higher Regional Court was not confirmed when the Federal Court of Justice revised the judgment on November 2, 2006. The Federal Court of Justice has explicitly left the question of the applicability of official liability law open. The lawsuit is thus dismissed in the final instance and with final and absolute judgment.
Sanja Milenković attended the Mathematical High School in Belgrade . Because of her outstanding skills in mathematics , a foundation for the promotion of mathematically gifted students was named after her in September 1999 .
literature
- Gabriele Senft : TARGET. The bridge from Varvarin , Verlag Wiljo Heinen, Berlin and Böklund 2014, ISBN 978-3-95514-901-7
Web links
- Wording of the judgment of July 28, 2005 - Az. 7 U 8/04
- Compensation litigation: Application December 24, 2001
- Press release on the start of the Amnesty International trial , October 10, 2003
- Press release of the BGH from November 2, 2006
- Sanja's last day (excerpt from Jürgen Elsässer , War Lies . From the Kosovo Conflict to the Milosevic Trial , Kai Homilius Verlag , 2004, ISBN 3-89706-884-2 )
Individual evidence
| personal data | |
|---|---|
| SURNAME | Milenković, Sanja |
| BRIEF DESCRIPTION | Serbian schoolgirl, victim of a NATO bomb attack in the Kosovo war |
| DATE OF BIRTH | November 30, 1983 |
| PLACE OF BIRTH | Kruševac |
| DATE OF DEATH | May 30, 1999 |
| Place of death | Varvarin |