Expert opinion on Reparation Claims

In war, the state laws and international treaties are abolished. That's why the Hague Land Warfare Convention (Hague IV.) is the supreme law in war. This applies after the outbreak of war until the conclusion of a peace treaty. The Hague Land Warfare Convention (Hague IV.) is therefore mandatory international law.

In part one of the Hague IV. Convention is defined who is the war party. Part two sets out how to deal with active battles, and part three, which rules are to be followed after the occupation. The Hague IV. Convention applies from the beginning of the war to the conclusion of a peace treaty. Part two is valid until the surrender of enemy warring parties.

The SS is a war party as defined in part one of the Hague IV. Convention. This did not surrender. It exists. Accordingly, part two of the Hague IV. Convention still applies. And thus Article 24: "Stratagems are allowed."

„Aufgehoben“ - Repealed means that the law is only temporarily repealed. If one wants to put a temporarily suspended law back into force, it is announced that the repeal will be lifted again.
If, on the other hand, a law cease to apply „weggefallen“, it can no longer come into force.

For example, with the 1st Act to Adjust Federal Law of April 19, 2006, the entry into force of the Courts Constitution Act, the Code of Civil Procedure and the Code of Criminal Procedure has been repealed. If one wants to reintroduce a repealed law, the abolition of the law is lifted again. For example, with the 2nd Act to Adjust Federal Law of Nov 27, 2007 Article 4 § 2: "The repealed right of occupation is repealed."

§ 15 of the Courts Constitution Law: "Courts are state courts.", on the other hand has been ceased to apply. It can only be reinstated by a new constitution.

If no termination is stipulated in international legal relations in a contract or the parties have not agreed on a specific dispute settlement court in case of dispute, no party can escape arbitration proceedings initiated by the opposing party. Such arbitration precedes all state courts.