Individual O, a national of an EU State S, took a three week motor bike 'adventure trip' in African

State K. In one province of K a bitter civil war raged in which a considerable number of

disorganized but violent groups fought with active battlefield support from neighboring states, -

both amongst themselves and against K's regular forces. One day, O lost his way and got caught

between the battle lines of the warring parties. He lay wounded and disabled in a strongly disputed

no-man's land. The government of S was notified by O's concerned parents; S's embassy in K

hurriedly sent a search request to K's government but K did not follow up on the request because

of the continuing fighting. Only after some days is O accidently discovered and transported back

home to State S.

State S claims damages from State K for the cost of medical treatment and damages for pain and

suffering. O is not happy about all the hustle and bustle. He writes to the governments of K and S

that he considers the whole incident as an accident and wants to let the matter rest for good.

Is K obliged to compensate S?