Concept and legal classification of civil air protection
Definition and delimitation
Air protection encompasses all measures taken to protect the civilian population, public institutions, and property against the direct and indirect dangers of enemy air attacks. The legal regulations on air protection cover both the protection of individuals and of infrastructures during times of tension or defense.
In a broader sense, air protection also includes precautions against the effects of air attacks, for example through structural, organizational, and technical measures and regulations that coordinate behavior in emergencies. Air protection must be distinguished from civil protection, which generally concerns the protection of the population from war and disaster consequences, whereas air protection focuses specifically on dangers arising from aerial attacks.
Historical development
Air protection law in the 20th century
The legal foundations for air protection in Germany emerged in the 20th century, especially with the advent of aerial warfare. During the Second World War, a comprehensive regulatory framework existed, codified in the Air Protection Act and various ordinances. After 1945, air protection law underwent intensive revision adapted to the new security policy framework.
Legal situation in the Federal Republic of Germany
With the founding of the Federal Republic, air protection regulations were initially restricted by Allied requirements and later re-established under national law. German federal law consolidated the legal provisions concerning air protection in the Air Protection Act (LSchG), which, however, was amended several times in the course of increasing integration of civil and disaster protection tasks.
Statutory foundations of air protection
Air Protection Act (LSchG)
For many years, the Air Protection Act (LSchG) formed the central legal basis for air protection in Germany. Among other things, it regulated:
- Structural measures (air-raid shelters, protective bunkers)
- Behavioral regulations during air-raid alerts
- Identification and protection of particularly vulnerable facilities
- Obligations of owners and operators of buildings
- Financing and promotion of air protection measures by public authorities
The Air Protection Act was of particular relevance especially during the Cold War era. In light of new security policy threats, parts of the LSchG were amended or integrated into other legal fields, especially civil protection.
Transition to the Civil Protection Act
Over time, air protection law became largely interlinked with the provisions of the Civil Protection Act (ZSG). Through Sections 11 and following of the ZSG, air protection regulations were broadly integrated:
- Protection against the dangers of enemy air attacks remains a central task within the framework of civil protection.
- Regulations on the construction and operation of shelters, warning devices, and measures to maintain public order were adopted under the Civil Protection Act.
Other relevant legal provisions
In addition to the LSchG and ZSG, other regulations must be observed:
- Building law provisions: State building regulations may impose requirements on structural air protection facilities.
- Criminal law: Failure to implement air protection measures when legally required can be criminally relevant.
- Ordinances and administrative regulations: Particularly regarding the construction of air-raid shelters, basement shelters, and the labeling of protective locations.
Responsibilities and obligations
Obligated parties in air protection
The following entities are primarily responsible for the implementation of air protection law measures:
- The Federal Republic of Germany: Responsible for regulating general air protection tasks, funding, and coordinating overarching measures.
- States and municipalities: Implementation and executive responsibility, particularly in establishing local warning systems, air protection structures, and evacuation measures.
- Owners and operators of buildings: Obligation to participate in the execution of structural measures and to ensure the usability of air-raid shelters.
Rights and duties of the population
In the event of defense or the threat of air attacks, the population may be required by statutory order to follow certain behaviors. These include:
- Compliance with behavioral rules during air-raid alerts
- Use of designated shelters
- Participation in self-help and neighborhood assistance measures
- Obligation to tolerate interventions, such as the requisition of suitable rooms for air protection measures
Authorities’ intervention rights
In the context of air protection, authorities may assert extensive rights of intervention, such as:
- Ordering and enforcing evacuations
- Carrying out construction measures and setting up protective facilities even against the will of the owner
- Requisition of plots, buildings, and vehicles for air protection purposes
- Operation and maintenance of public warning systems
These intervention rights are generally subject to legal requirements, especially the declaration of a state of defense, and are specified in practice by administrative regulations and emergency decrees.
Air protection and international law
Relevance of international humanitarian law
International humanitarian law, particularly the Geneva Conventions and their Additional Protocols, contains regulations for the protection of the civilian population during armed conflicts. This results in international law obligations for states to implement air protection measures to protect the population, document them, and ensure the broadest possible dissemination of information to civilians.
Binding effect for national legislation
State air protection measures are subject to the requirements of international law. This concerns:
- The prohibition of indiscriminate attacks on civilians
- The obligation to identify and protect shelters
- The obligation to enable relief efforts for endangered civilians
National implementation is achieved through the adaptation and articulation of air protection regulations in line with international obligations.
Air protection in practice
Planning and construction of air protection facilities
The construction, maintenance, and equipping of air protection facilities are subject to extensive legal requirements, including technical inspections, facility certifications, and regular maintenance and servicing obligations. For the operation of air-raid shelters, there are also specific requirements regarding equipment (ventilation, supplies, access control).
Protective facilities and warning systems
Public warning systems (e.g., sirens, warning apps) and the identification of shelters are standardized by federal and state regulations. The local disaster control authority is generally responsible for ensuring their operational capability.
Training and education
Regulations on the information and training of the population are part of air protection law. These include behavioral training methods, warning drills, and the provision of informational materials.
Conclusion
Air protection is a central component of the Federal Republic of Germany’s protection system against exceptional danger scenarios. Its legal framework is shaped by close interlinking of national law, administrative regulations, and international legal requirements. Statutory provisions cover structural, organizational, and behavior-oriented measures for the protection of the civilian population and essential assets. While many regulations are historically rooted and later integrated into civil protection, air protection remains a comprehensively regulated legal area of great importance for national hazard prevention and the protection of the population in the event of defense.
Frequently Asked Questions
Who is legally responsible for organizing and implementing air protection in Germany?
In Germany, legal responsibility for air protection is regulated by various laws and ordinances. The core legal framework is the Civil Protection and Disaster Relief Act (ZSKG), which specifically emphasizes the responsibility of the federal government. According to Section 1(1) ZSKG, it is the responsibility of the federal government to organize the protection of the population in the event of defense, including air protection. Implementation is the task of the Federal Office for Civil Protection and Disaster Assistance (BBK), which plans, coordinates, and implements necessary measures in an emergency. However, the states and municipalities work in cooperation within their areas of jurisdiction; they implement supplementary protective measures, provide air protection structures, and conduct drills. In the case of non-military disasters, the area of responsibility may, however, fall under the states, requiring complex federal cooperation.
What legal regulations apply to the construction and use of air-raid shelters?
The construction and use of air-raid shelters are subject to specific legal requirements, regulated in the Civil Protection and Disaster Relief Act (ZSKG) and various ordinances. Section 8 ZSKG in particular authorizes the federal government to order or promote structural protection measures such as so-called air-raid rooms and shelters. However, there is no general nationwide obligation for private and commercial builders to construct air-raid shelters; corresponding obligations can be issued by federal regulation in the event of defense. Existing public buildings must be specially assessed and prepared for suitability for air protection according to the respective state building regulations and federal requirements. The use of air-raid shelters is also clearly defined by security and access regulations, with certain user groups receiving priority access (e.g., children, the sick).
What restrictions and obligations exist for the civilian use of air protection facilities in peacetime?
Air protection facilities remain subject to certain use restrictions and legal obligations during peacetime. If the immediate danger ceases, air protection facilities may, according to BBK guidelines, be used for civilian purposes, such as storage or event venues, provided that the distinctive structural status as a shelter is preserved. However, this requires special permission from the competent authorities in compliance with state building regulations. The prerequisite is that, in the event of a disaster or defense, the facility can be immediately restored to full operational status. Overbuilding, structural modifications, or permanent decommissioning are only permitted in agreement with the relevant disaster control authorities. In addition, use must be organized in such a way that no delays occur in providing the shelter in the event of an emergency.
What legal measures may authorities order in connection with air protection in an emergency?
In an emergency, particularly in the event of defense or heightened tension, the powers of the competent authorities to issue orders are significantly expanded. According to Section 10 ZSKG, authorities may, among other things, order evacuation, removal, or the use of buildings and land for air protection purposes. This includes the requisition of private or public buildings, the conversion of facilities into shelters, and the prohibition of entering certain vulnerable areas. In cases of impending danger, the police can act in support and enforce orders directly. Those affected are generally entitled to compensation in accordance with federal or state law, provided the legal requirements permit.
To what extent do reporting or information obligations exist for citizens in connection with air protection?
Citizens currently do not have any general reporting obligations regarding air protection unless they are directly addressed by specific legal or official orders. However, in the event of disasters or defense, a general reporting obligation for residence or contact information can be imposed by special regulation to ensure the effectiveness of protection measures. Information obligations arise primarily from official instructions in the context of evacuations or alerts. Citizens are also required to comply with the instructions of the competent authorities and to follow applicable security orders, such as entering shelters or following behavior during alarms. Violations may be prosecuted as regulatory offenses or, in severe cases, as criminal offenses.
How is data protection legally regulated in the context of organizing and implementing air protection?
The collection, processing, and storage of personal data in the context of air protection is subject to the strict provisions of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Authorities may only collect and process such personal data as is strictly necessary for carrying out their tasks under the ZSKG. Disclosure to third parties is strictly purpose-bound and subject to oversight by independent data protection officers. During the organization of evacuations, alerts, or the registration of authorized persons, data protection-compliant documentation must be ensured. Data subjects have rights to information, objection, and erasure according to statutory provisions, unless legitimate security interests prohibit this.
