Definition and Significance of the Control of Weapons of War
Die Control of Weapons of War refers to all legal measures, procedures, and competencies aimed at regulating, monitoring, as well as prohibiting or restricting the possession, manufacture, transfer, and use of weapons of war. In both the German and international context, the term encompasses a core area of weapons law and is of considerable importance for public security, international peace, and the fulfillment of international legal obligations.
Legal Foundations in Germany
War Weapons Control Act (KrWaffKontrG)
At the center of German control over weapons of war is the War Weapons Control Act (KrWaffKontrG). It regulates comprehensively:
- The definition of weapons of war and their types
- The licensing requirements for the manufacture, acquisition, trade, transport, transfer, and storage of weapons of war
- The requirements and procedures for the granting, denial, revocation, or withdrawal of licenses
The overarching goal of the Act is to prevent the proliferation of weapons of war and thus plays a significant role in ensuring Germany’s compliance with international obligations.
Definition: What Are Weapons of War?
According to Section 1 (2) KrWaffKontrG, weapons of war include, in particular, firearms (such as machine guns, armored vehicles, combat aircraft, warships), ammunition, rockets, chemical, biological, and nuclear warfare agents as well as their delivery systems, provided they are listed on the War Weapons List annexed to the Act (Annex to Section 1 (1) KrWaffKontrG).
Acts Requiring Authorization
According to Sections 2 et seq. KrWaffKontrG, the following actions regarding weapons of war generally require prior state authorization:
- Manufacture (Section 2 (2) KrWaffKontrG)
- Transport, in particular, import and export as well as transit through federal territory (Section 3 KrWaffKontrG)
- Trade und Transfer (Section 4 KrWaffKontrG)
- Acquisition und Possession (Section 5 KrWaffKontrG)
- Proof und Relocation (Sections 6, 8 KrWaffKontrG)
The licensing requirements apply to both private individuals and companies and institutions.
Competent Authorities
The central licensing authority is the Federal Ministry for Economic Affairs and Climate Action (BMWK), which acts in principle in cooperation with other departments such as the Federal Foreign Office or the Ministry of Defense. In criminal matters, public prosecutors and criminal courts are responsible for enforcing control provisions.
International Legal Foundations for the Control of Weapons of War
International Legal Obligations
Germany is committed by numerous international treaties to comprehensive control of weapons of war. The most important sources of international law include:
- Das Arms Agreements of the United Nations (UN Register of Conventional Arms)
- Der Treaty on the Non-Proliferation of Nuclear Weapons (NPT)
- Das Chemical Weapons Convention (CWC)
- Das Biological Weapons Convention (BWC)
- Das Arms Trade Treaty (ATT) of the United Nations
These agreements oblige the contracting states to comprehensively monitor the manufacture, export, import, and transfer of weapons of war, to report where necessary, and to introduce restrictive national control systems.
European Regulations
The European Union has also, through the Common Position 2008/944/CFSP adopted restrictive regulations for the export of military goods, which member states are required to follow.
Objectives and Protected Interests of War Weapons Control
The control of war weapons is aimed at various overriding goals:
- Ensuring peace: Prevention of armed conflicts and arms races
- Protection of external and internal security: Preventing unauthorized groups from gaining access to war weapons
- Fulfillment of international legal obligations: Implementation of international arms control and disarmament agreements
- Contribution to international non-proliferation: Supporting global regimes against the proliferation of weapons of mass destruction
Licensing Procedures and Their Requirements
Requirements for a License
The granting of a license under the KrWaffKontrG generally requires:
- Proof of a legitimate purpose (e.g. state use, contract deliveries to authorized recipients)
- Personal reliability, in particular, no connections to extremism or terrorism
- Proof of the necessary safety systems to protect against theft and misuse
- Submission of all documents and complete transparency regarding the movements of the weapons
Licenses are generally time-limited and may be revoked, for instance, in the event of subsequent changes in security policy.
Grounds for Refusal and Measures in Case of Violations
Even minor doubts about reliability or endangerment of public interests will result in refusal. In particular, there are absolute prohibitions on transfers to unsafe recipient states, war zones, or to states with repeated human rights abuses.
Violations of the KrWaffKontrG are prosecuted as felonies or misdemeanors according to Sections 19 et seq. KrWaffKontrG, with penalties up to ten years’ imprisonment.
Control Through Monitoring and Reporting
Reporting and Record-Keeping Requirements
Manufacturers, dealers, and owners of weapons of war are subject to strict reporting and record-keeping obligations (Sections 9, 10 KrWaffKontrG). Regular inspections and reports are intended to effectively prevent abuse and ensure transparency.
Export Control
Every export or import of war weapons requires a special export license. Additionally, the recipient countries must be regularly specified and must meet political, human rights, and security policy criteria.
Criminal and Regulatory Law Aspects
Sanctions
Violations of control provisions, in particular unauthorized handling, export, or possession of weapons of war, are severely sanctioned. In addition to imprisonment, extensive confiscation and destruction measures as well as professional consequences may be imposed.
Distinction: Weapons Law and War Weapons Control
The control of weapons of war is distinct from general weapons law, in particular from the Weapons Act (WaffG), which regulates the handling of firearms and ammunition not classified as weapons of war, as well as their acquisition, possession, and use in the civilian sector.
Summary Assessment
Die Control of Weapons of War constitutes a particularly strictly regulated subfield of weapons law and serves both national security interests and international peace and disarmament policy. In Germany, this area is primarily governed by the War Weapons Control Act and supplementary regulations, as well as international agreements. Strict licensing, monitoring, and sanction mechanisms ensure comprehensive control to consistently prevent misuse, proliferation, and unauthorized access to weapons of war and to fulfill global obligations.
Frequently Asked Questions
What administrative steps and permits are required for handling weapons of war?
In order to lawfully handle weapons of war in Germany, extensive administrative procedures and permits are required, governed by the War Weapons Control Act (KWKG). In principle, a prior written permit from the Federal Office for Economic Affairs and Export Control (BAFA) is required. This particularly applies to the manufacture, placing on the market, transfer, acquisition, transfer abroad, and export of weapons of war. The application must include detailed information on the type and number of weapons, intended purpose, recipient, and end-use. The licensing process involves a comprehensive security and reliability check of the applicant or company, verification of Germany’s compliance with international obligations, and ensuring no violation of embargoes or sanction measures. The decision is usually taken by the Federal Ministry for Economic Affairs and Climate Action in consultation with the Federal Foreign Office and after consultation with other relevant ministries. Violations of these licensing requirements are subject to criminal penalties and can be prosecuted as criminal offences under Section 22a KWKG with imprisonment.
How are companies and individuals checked for reliability under the War Weapons Control Act?
A reliability check under the War Weapons Control Act is mandatory before any licenses may be granted. In this process, both legal and natural persons are checked to determine whether there are any facts that might threaten public security or raise doubts about legal compliance. This includes, among other things, checks with the Federal Central Criminal Register, police authorities, and, if necessary, the Federal Office for the Protection of the Constitution. It is also checked whether there are any criminal convictions, insolvency proceedings, links to extremist organizations, or other security concerns. For companies, this means that the management and authorized representatives undergo thorough screening. These procedures are intended to ensure safe and responsible handling of weapons of war and to prevent unauthorized access.
What role do international agreements play in controlling weapons of war from a German perspective?
International agreements play a central role in German control of weapons of war, since Germany, as a member of the United Nations, the European Union, and other international organizations, is obligated to comply with certain rules. The War Weapons Control Act reflects obligations from the UN Register of Conventional Arms, the stipulations of the UN Arms Trade Treaty (ATT), and restrictive measures of the UN Security Council or EU embargoes. In licensing practice, particular attention is paid to ensuring that exports or other relevant operations are not in conflict with international agreements such as embargoes, and that there is no risk of further proliferation to conflict regions or unwanted recipients. Applications relating to countries under international embargo are generally treated particularly strictly.
What obligations exist regarding the storage and documentation of weapons of war?
The storage of weapons of war is subject to strict legal requirements, aimed at preventing misuse, theft, or unauthorized access. Companies and authorized persons must demonstrate that storage sites meet a high level of security, for example through structural protection measures, alarm systems, access controls, and video surveillance. Any change in stock, storage locations, or inventory must be promptly documented and reported to the competent authorities. There is also an obligation for complete inventory and movement documentation, which must withstand official inspection at any time. According to Section 12 KWKG, regular and ad hoc inspections of storage sites are carried out by the authorities; violations of storage and proof obligations constitute administrative offences or even criminal offences.
How is the end-use of exported weapons of war ensured legally?
To ensure the end-use of exported weapons of war, so-called end-use certificates are required from the recipient country and/or company. In these certificates, it is legally assured that the delivered weapons will be used exclusively for the specified intended purpose and only by the authorized end users. This evidence must be submitted to BAFA. Control and monitoring mechanisms such as post-shipment controls or on-site inspections are contractually stipulated and carried out on a case-by-case basis. German authorities reserve the right to take action even after export in the event of suspicion of circumvention or illegal transfer, and to initiate appropriate legal steps in the event of violations.
What sanction mechanisms exist for violations of the War Weapons Control Act?
Violations of the War Weapons Control Act carry, in part, drastic criminal consequences. Unauthorized handling of weapons of war, particularly without the required license, is classified as a criminal offense under Section 22a KWKG and may be punishable by imprisonment for up to fifteen years. Attempted or negligent breaches of the legal provisions are also punishable. In addition to criminal prosecution, additional administrative measures may be taken, such as revocation of licenses, confiscation of the weapons, prohibition of business activities, or entries in the central trade register. Furthermore, especially companies may face severe fines and reputational damage.
