Concept and Definition of Civil Air Protection
Der Civil Air Protection refers to a subset of civil protection that includes measures for preparing and protecting the civilian population, civil objects, and critical infrastructures against dangers from the air. Civil Air Protection arose particularly in the context of modern warfare and covers precautions against air raids, appropriately regulated by national law, European directives, and international humanitarian law.
Legal Foundations of Civil Air Protection
International Legal Foundations
International Humanitarian Law
International humanitarian law, especially the Geneva Conventions (notably the Fourth Geneva Convention of 1949) and Additional Protocol I of 1977, addresses the protection of civilians during armed conflict. Article 51 of Additional Protocol I generally prohibits attacks whose primary purpose is to spread terror among the civilian population. Furthermore, Article 58 obliges the parties to the conflict to protect the civilian population from dangers arising from military operations by appropriate measures.
Hague Convention
The 1923 Hague Rules of Air Warfare for the first time sought to establish rules for the protection of the civilian population from air raids, although this convention never gained direct effect due to lack of ratification.
European Legal Provisions
Within the European Union, there are no expressly harmonized regulations for Civil Air Protection. However, aspects of disaster management and civilian emergency preparedness fall within the jurisdiction of the Member States. The EU Civil Protection Mechanism (EUCPM) supports cross-border cooperation in case of disaster and also incorporates air attack threats into threat analyses.
German Legislation and Administrative Regulations
Basic Law
Das Basic Law for the Federal Republic of Germany (GG) contains in Articles 35(1-3), 87a, and 87b GG fundamental provisions that permit the use of state resources for maintaining security and order as well as for protecting the civilian population, including against air threats.
Civil Protection and Disaster Relief Act (ZSKG)
Das Civil Protection and Disaster Relief Act (ZSKG) explicitly regulates Civil Air Protection in Section 1(2) ZSKG as part of state measures for population protection in the event of defense, as well as in other disaster situations. The tasks of Civil Air Protection include:
- Warning and informing the population,
- structural and technical protective measures (e.g., shelters, air-raid bunkers),
- medical care for victims of air raids,
- rescue and salvage operations,
- support for corporate and private emergency preparedness.
Allocation of Responsibilities between Federal and State Governments
In the federal system, the operational implementation of Civil Air Protection is generally the responsibility of the states, while in case of defense, the federal government, through the Federal Office of Civil Protection and Disaster Assistance (BBK), assumes coordinating tasks and legal oversight (see Art. 73 No. 1 GG).
Regulatory Situation and Technical Standards
Air-Raid Shelters and Building Regulations
Historic provisions, such as air protection legislation from the 1930s and 1940s, were largely replaced in the Federal Republic by the ZSKG and regulations such as the General Administrative Regulation for the Construction and Operation of Air-Raid Shelters, have been replaced. New Civil Air Protection installations today are operated mainly in light of civil protection and disaster management considerations.
Warning Systems
The legal requirements for sirens, warning apps, and other information channels are set out in federal regulations on warning systems, such as the Population Warning Act (WarnG) and specific administrative regulations.
Organizational Structures and Responsibilities
Federal Office of Civil Protection and Disaster Assistance (BBK)
At the federal level, the BBK acts as the central coordinating agency for all civil protection measures, conducts risk analyses, warns the population, and develops nationwide protection strategies. In the event of defense, the BBK, together with other disaster management authorities, assumes leadership and coordination of protective measures.
State and Local Authorities
The concrete implementation of preparatory and reactive air protection measures is the responsibility of state and local authorities, particularly
- offices for fire and disaster protection,
- the fire department,
- emergency services and aid organizations.
Measures and Instruments of Civil Air Protection
Structural and Technical Air Protection
The measures include the establishment, maintenance, and utilization of shelters and protective installations, structural reinforcements of public buildings, filter systems, and ensuring the technical operability of supply facilities.
Warning and Alert Systems
Federal, state, and local governments are required to maintain technically appropriate warning systems to ensure the timely alerting of the population.
Public Relations and Training
Civil protection includes information campaigns and the conduct of drills on behavior during air raids, as well as training for all relevant institutions and organizations.
Legal Protection Status of Facilities and Persons
Protection of the Civilian Population
According to international law, deliberate attacks against the civilian population, civilian buildings, and Civil Air Protection facilities are prohibited and can be prosecuted as war crimes (§ 8 VStGB).
Status of Air Protection Helpers
Persons involved in Civil Air Protection enjoy – particularly in the event of armed conflict – special protection under Articles 63 and 64 of Additional Protocol I to the Geneva Conventions.
Criminal and Liability Law Aspects
Obstruction of Air Protection Measures
Intentional or negligent obstruction of air protection measures can be prosecuted under national criminal law provisions, such as § 313 StGB (disturbance of public enterprises), and, in case of defense, under additional special law provisions.
Liability for Breaches of Duty
The liability of officials for breaches of duty in the area of Civil Air Protection is governed by the general provisions of state liability law.
Summary
Civil Air Protection is an independent protection concept in German and international law that ensures the protection of the civilian population from dangers from the air through comprehensive legal regulations. The legal foundations are found in the Basic Law, the ZSKG, and international law, supplemented by specific regulations, administrative provisions, and technical standards. Civil Air Protection is an integral part of the overall strategy for civil protection, with operational responsibility lying with the states and coordination with the federal government. Fulfillment of the legal requirements serves to protect life, physical integrity, and vital infrastructure.
Frequently Asked Questions
Which legal foundations regulate civil air protection in Germany?
In Germany, civil air protection is based on various legal foundations at the federal and state levels. Central among these are the Basic Law (Art. 73(1) No. 1 GG, protection of the civilian population in the event of defense), the Aviation Security Act (LuftSiG), and the Civil Protection and Disaster Relief Act (ZSKG). Additional sub-statutory regulations, such as ordinances on alerting and evacuation, as well as state-level regulations for the operational implementation of civil protection also apply. The actual implementation of concrete civil air protection measures is predominantly the responsibility of the states, while the federal government is responsible for legal standardization, planning, and partial financing. European requirements, particularly in the area of civil hazard prevention and aviation security, may also be relevant. Overall, the legal regime is characterized by cooperative federalism, in which the federal and state governments interact across different areas of responsibility.
Who is legally responsible for implementing air protection measures?
Legally, responsibility for air protection measures depends on the type of threat. In case of defense, primary responsibility rests with the federal government under the Basic Law and ZSKG, particularly the Federal Ministry of the Interior and Community. Outside the case of defense, the federal states are responsible for civil protection in accordance with the respective state laws. Municipalities act as subordinate disaster protection authorities and implement operational measures, e.g., evacuations, warnings, or operation of shelters. In the area of facility protection (especially for critical infrastructure such as airports), private operators may also have legal responsibilities, for example, regarding security plans under the Aviation Security Act. Coordination between the entities is ensured via state-specific disaster management plans and federal framework plans.
What are the legal reporting, information, and warning duties in the event of an air attack?
In the event of a potential or actual air attack, there are extensive reporting and information obligations governed by various laws and regulations (including ZSKG, LuftSiG, state disaster protection laws). Authorities and operators of critical infrastructures are legally obligated to immediately forward danger reports to the relevant control centers and disaster management authorities. Citizens are informed of the danger through official warning systems (such as warning apps like NINA, Katwarn, sirens, radio broadcasts). The legal framework requires that warning information be presented in an understandable and, where necessary, accessible manner. Violating these obligations can result in liability and regulatory consequences, including criminal prosecution.
What legal requirements apply to shelters and their use in case of crisis?
The legal provisions on shelters are primarily found in the ZSKG as well as in old regulations from the Cold War which have been partially retained. The obligation to construct new shelters has been effectively suspended since the end of the Cold War, but existing shelters remain generally available, although they are subject to decommissioning or civilian reuse if there is no acute necessity. In the event of defense or another hazard, authorities may order activation and use of existing shelters. In such cases, owners and operators of these facilities have extensive duties to tolerate and contribute. The assignment to shelters is done through an official procedure, which may, for example, prioritize certain population groups.
To what extent do special intervention powers of authorities apply in the context of civil air protection?
In the context of civil air protection, authorities—especially in cases of defense or disaster—have special intervention powers. These include, among others, the right to order evacuations, seizure/use of property (shelter allocation), searches, access enforcement, and ensuring vital infrastructure (e.g., water supply, medical facilities). The legal basis for this is the ZSKG, BKatSchG, and relevant state laws. The use of these powers must comply strictly with the principle of proportionality and may involve compensation claims for affected parties (§ 27 ff. ZSKG). The constitutional limits and fundamental rights under the Basic Law remain valid even in special circumstances, ensuring judicial protection against orders.
Is there a legal duty for private individuals to participate in or comply with protection measures?
There is indeed a legal duty at both the federal and state level to comply with government-ordered civil protection measures (evacuation, taking shelter, following instructions). Under the ZSKG and state disaster protection laws, private persons are specifically obligated to follow protection orders and provide any reasonable assistance, especially if there is an immediate threat to the public. Violations may be penalized as regulatory offenses or, in extreme cases, as crimes. The right to refuse participation in a danger situation is only possible under unreasonable conditions and within narrow limits.
How are liability and compensation claims regulated if air protection measures cause damage?
If official air protection measures (e.g., evacuation, seizure, use of property as shelter) result in damage to private property, § 27 ZSKG governs the claim for appropriate compensation. The prerequisite is that the measure was lawful and the owner was not at fault. There is an application process in which the type and amount of compensation are determined. In the case of unlawful or excessive interventions, affected parties have civil liability claims against the state or the acting authority. In addition, a claim against the government for official liability under § 839 BGB in conjunction with Article 34 GG may apply. Enforcement is by way of administrative or civil courts.
