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Re Heyn, Wislicenus and Schmidt

International Law Reports Cited in Precedent Map Related
Vincent
Date11 Enero 1930
Docket NumberCase No. 103
CourtObsolete Court (Germany)
German-Mexican Claims Commission.
Case No. 103
In re Heyn, Wislicenus and Schmidt.

Aliens — Property of — State Responsibility — Executive Action — Responsibility for Damage Done to the Property of Aliens in the Course of Suppression of Rebellion.

State Responsibility — Executive Action — Responsibility for Damage Done to the Property of Aliens in the Course of Suppression of Rebellion.

The Facts.—These were claims on behalf of certain German nationals in respect of damage caused to their property by the forces of the legitimate Madero Government during the bombardment of the Ciudadela in Mexico City in February 1913. The Ciudadela had been occupied by insurgents and the forces of the Madero Government were attempting to dislodge them. The Claims Convention between Germany and Mexico provided that Mexico should be liable ex gratia for damage caused by the acts of certain forces including “the forces of a Government de jure or de facto.”

Held (by Cruchaga, Presiding Commissioner, for the Commission): that the claims must be disallowed. A Government could not be held liable for acts committed in the exercise of its duty to maintain law and order. “If the...

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