Legal Questions & Answers

This page is a translation of the German original. If anything is unclear, the German text applies.

I am a registered civilian and need a registration certificate (Meldebescheinigung). Is the municipal citizens' office responsible, or the IOV registration office?

Section 26 of the Federal Registration Act (BMG), "Exemption from the registration obligation", states that persons for whom this exemption is laid down in international agreements are exempt from the registration obligation under Section 17 (1), (2). This means that the domestic registration obligation no longer applies to registered civilians if the civilian is registered with the central registration office of the IOV in Mönchengladbach. Responsibility therefore does not lie with the citizens' office but, under Geneva Convention IV, Art. 147, with the central registration office of the IOV.

What is the meaning of the individual elements (leaves, laurel branch, watermark in the ring, a number and the civilian symbol) in the logo of the International Organisation Völkerrecht?

The watermark protects against counterfeits. The laurel wreath stands for dignity, honour and success. The number is not just any number. It is the numerical designation of Geneva Convention IV on the protection of civilians in times of war and peace. The civil protection sign is international and marks the protection of civilians. Everything else may be interpreted by each civilian according to their own understanding. Meanings that sound explanatory play a minor role here; what would be desirable is how the logo noticeably affects people.

Quote: "This is brilliant! Physical reaction: a lump rises in my throat, it wants out! Emotionally moved! The little stems of the orange-blue leaves are not joined together. Instead it slides down onto the 'O of the organisation', pearls down on both sides onto the joined branches of the laurel, which are rooted in international law! And it shoots upward!" – end of quote.

Where is the jurisdiction (forum) of the person to be protected, i.e. the civilian, defined?

The jurisdiction of the person to be protected, i.e. the civilian, is the arbitration tribunal. The arbitration tribunal is defined in Geneva Convention IV on the protection of civilians in Art. 149. The arbitration tribunal can also be found in the UN Charter, Art. 73 and 95. Article 95 of the UN Charter does not rule out that, where an agreement exists (here: Geneva Convention IV), disputes are assigned to other courts. The UN Charter thus obliges the observance of the arbitration tribunal, which is mandatory. The arbitration tribunal is also anchored in the Basic Law (GG), Art. 24 para. 3. The Federation submits to a general, comprehensive, compulsory system of international arbitration; the arbitration tribunal is therefore the highest court at federal level. The arbitration tribunal under the Geneva Convention is the highest federal court. And the person to be protected, i.e. the civilian under Geneva Convention IV (protection of civilians), is subject to it. The jurisdiction of the civilian is the arbitration tribunal, and not the jurisdiction within the association of legal persons.

What is the meaning of Article 25 of the Basic Law?

The legitimacy of international law is laid down in Art. 25 GG. According to Art. 25 GG, the general rules of international law are an integral part of federal law. They take precedence over the laws and directly create rights and obligations. International law, whose general rules also include the Geneva Conventions and international treaties, is part of federal law. The article is dictated and quoted. It is not discussed, commented on or interpreted. So it cannot be said either that international law takes precedence over federal law. International law is part of federal law. That is what Art. 25 GG says.

Through the legitimacy given by Art. 25 GG, the person to be protected can present the provisions of international law to the authorities as a diplomatic civil-law claim and obligation. This civil-law claim and obligation is a provision of international law, because this civil law, which applies to the civilian as a person to be protected, is bound by treaty in international treaties. It is therefore also a diplomatic civil-law obligation for the authorities not to violate these civil-law claims of the civilian arising from the treaties and from the constitution.

Does international law apply only to states, and from what does the IOV derive its sovereign rights?

International law does not apply exclusively to states. Peoples can also claim international law, for example indigenous peoples and nations. The IOV, as an international organisation, has state status. This follows from UN Res 56/83 Art. 9, because where state authorities are absent or fail, the tasks are transferred to international organisations. In this way sovereign rights in fact pass to international organisations. And with the transfer of the sovereign rights, the state status of the IOV is given.

How do I get access to my entry in the debtors' register (Schuldnerverzeichnis)?

First registration

Step 1: Request the information on this page:
https://www.vollstreckungsportal.de/zponf/allg/registrierungAuskunft.jsf
The Local Court (Amtsgericht) of Hagen sends a letter by post with a 19-digit PIN.

Step 2: On this page, enter the PIN you received and choose your own password:
https://www.vollstreckungsportal.de/auskunft/allg/freischalten.jsf

Step 3:

Select the debtors' register
Select the reason for inspection: "for information on entries concerning oneself"
Enter your date of birth
Search

Logging in again later

Step 1: Click "Log in" and enter the registered e-mail address and password:
https://www.vollstreckungsportal.de/auskunft/priv/anmelden.jsf?type=sonstigeBer

Step 2:

Select the debtors' register
Select the reason for inspection: "for information on entries concerning oneself"
Enter your date of birth
Search