Germany Allows Domestic Military Operations, Ending Taboo
Germany's top court ruled Friday that the military may conduct combat operations within the country's borders in case of a terror attack of "catastrophic proportions", ending a post-war taboo.
The Federal Constitutional Court said the Bundeswehr armed forces could deploy under strict conditions in case of an assault in Germany with the potential for scores of casualties.
The deployment of troops in Germany is only acceptable in "states of emergency of catastrophic proportions," the judges ruled, but never "in reaction to the threat posed by demonstrating crowds".
The use of combat weapons is only acceptable "as a last resort" and must be approved by the federal government, not simply delegated to the defense minister.
Shooting down a hijacked passenger plane with civilians on board remains illegal after the ruling but fighter jets could attempt to force an aircraft to land with warning shots.
The ruling marked a reversal of a decision by the same court in 2006 and was a response to complaints from two of Germany's 16 federal states.
The German government had attempted to allow more flexibility in its military response to a possible terror attack in the wake of the September 11, 2001 suicide hijackings in the United States.
But it ran into resistance from the court, which cited strict restrictions on the deployment of the military in Germany set down in the constitution in light of the abuses by troops and paramilitary forces in the Nazi period.
Source: Agence France Presse
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