Speeches and Interview

Interview with Dr. Ernst Walch, Minister of Foreign Affairs of the Principality of Liechtenstein,
on the action the Principality has brought before the International Court of Justice in The Hague

Minister, the Principality of Liechtenstein has accused Germany before the International Court of Justice in The Hague of persistently infringing international law since 1998. Why is that?

Our action centres around the issue of how Germany has treated certain Liechtensteinian property since 1998. This is property within the territory of the former Czechoslovakia that was expropriated without compensation after World War II by the Czechoslovak rulers at the time, under the “Beneš Decrees”. In line with a decision by Germany’s highest court, the Federal Constitutional Court, of 28 January 1998, the German state now treats this property as German-owned asstes outside Germany, which qualifies it for use to pay off German war reparations. This is a remarkable volte-face relative to Germany’s previous stance on the issue. What it means is that Germany has accepted for the first time that Czechoslovakia was within its rights when it confiscated Liechtensteinian property to help meet Germany’s war-reparation debts. Yet Germany has also so far refused to pay any compensation for the loss. So to put it in a nutshell, Germany has been using other people’s money – that of our citizens – to help pay off its war debts.

Who exactly are the people affected by Germany’s position?

We estimate that there are some 60 families involved – some of them are families directly or indirectly connected with the Liechtenstein royal family, and some are just “normal” citizens. These people used to own land, buildings and their contents, works of art and businesses in former Czechoslovakia, all of which were expropriated without compensation.

So the main reason for your court action is that Liechtenstein’s citizens have had their property rights violated?

There are two points at issue for us. Our foremost concern is that Germany has disregarded our statehood since 1998. Liechtenstein is a neutral, sovereign state: our Liechtenstein citizens are not Germans and never have been. An issue we take particularly seriously is that, on several recent occasions, Germany has officially referred to Liechtenstein and its citizens as “part of the German nation”, on the grounds that we speak the German language. This odd position is a blatant disregard of Liechtenstein’s status as a small sovereign state. Moreover, it negates a historical fact recognized by the international community of nations, namely that Liechtenstein has existed as a free, sovereign state since 1806. Then our second point at issue is that the property rights of Liechtenstein’s citizens are being disregarded, and that Germany is denying them any compensation.

You say you have no choice but to take this last diplomatic resort. Have you really exhausted all the options?

Yes, we have. Diplomatic consultations involving civil servants and experts have gone on for two years now. However, Germany has refused to enter into full diplomatic negotiations while at the same time officially stating that a dispute exists with the Principality of Liechtenstein. One avenue left open in cases such as this is to apply to the International Court of Justice to have the points of dispute clarified by the principal judicial organ of the United Nations. Germany, too, has recognized during our diplomatic consultations that calling upon the International Court of Justice is an acceptable means of settling disputes. Taking recourse to international courts to clarify legal issues and settle differences of opinion is not a confrontational approach, but shows that the parties place their trust in the law and its institutions.

Germany’s “new” position emerged from the court case involving a painting from the Liechtenstein royal family’s collection. Why is the state supporting this private legal action, which has so far been unsuccessful, by taking the matter to the International Court of Justice?

This is not about the private and business interests of the royal family: it is about the legitimate interests and rights of the sovereign state of Liechtenstein which the Federal Republic of Germany has persistently disregarded since 1998. The application to the International Court of Justice is a case of one state bringing action against another. However, I should point out that the legal actions the Prince has brought in a private capacity have not been unsuccessful. The case now pending before the European Court of Human Rights in Strasbourg has been found admissible on all counts, which is a rare occurrence.

Do you have any international allies?

This is a case brought solely by the Principality of Liechtenstein on behalf of its citizens against the Federal Republic of Germany, because we believe our rights of sovereignty are being impaired. But of course, the case is bound to have far-reaching implications in public international law. You need only to think of other countries that were neutral during World War II, and to recall that the victorious powers never concluded a formal peace treaty with Germany. For our part, though, we are focusing on Liechtenstein alone, and we will be strong enough to make our own case for our rights to be upheld.