Definition and Legal Framework for Domestic Deployments of the Bundeswehr
The term Domestic deployments of the Bundeswehr refers to the use of the German armed forces on the territory of the Federal Republic of Germany outside their usual external defense mandate. The constitutional framework for such deployments is clearly regulated and limited by the Basic Law (Grundgesetz, GG), especially by Articles 35, 87a, and 91, as well as by several statutory regulations and rulings of the Federal Constitutional Court.
Constitutional Foundations
Constitutional Regulations
The Bundeswehr is primarily responsible for the external security of the Federal Republic of Germany (Art. 87a GG). Domestic deployments are therefore fundamentally an exception, owing to the principles of separation of powers and federalism, the police monopoly on the use of force, and the prohibition on mixing police and military functions in peacetime. Nevertheless, the Basic Law enables certain deployment scenarios under defined circumstances.
Article 35 GG – Administrative Assistance and Catastrophic Emergency
Article 35 GG distinguishes the following cases:
- Paragraph 1: Principle of administrative assistance: All federal and state authorities provide mutual administrative assistance; the Bundeswehr may provide support, such as logistical or technical assistance.
- Paragraph 2, Sentence 2, and Paragraph 3: Deployment of the Bundeswehr to assist in particularly serious accidents and in cases of natural disasters or a particularly serious accident (‘catastrophic emergency’). In these cases, ‘deployment of armed forces’ is permitted if the police are no longer able to handle the situation themselves.
Article 87a GG – Defense Mandate and Exception to the Prohibition
Article 87a GG stipulates:
- Paragraph 2: The deployment of the Bundeswehr domestically is only expressly permitted by the Basic Law. Without explicit authorization, deployment for the maintenance or restoration of public security and order is excluded.
- Paragraphs 3–4: In cases of internal emergency (Art. 91 GG) and in defense situations, armed forces may be used to support the police.
Article 91 GG – Internal Emergency
In case of an internal emergency, that is, when the liberal democratic basic order of the federation or a state is threatened, the federal government may send police forces to the relevant state and also deploy armed forces if police resources are insufficient.
Types of Domestic Deployments of the Bundeswehr
Support Missions (Administrative Assistance)
In exercising administrative assistance, Bundeswehr forces are used to support large-scale events, transportation, technical assistance, epidemics, floods, or other disaster situations. Weapons may not generally be used for the purpose of averting danger; this remains the responsibility of the police.
Disaster and Emergency Deployments
In the event of natural disasters or particular emergencies, the Bundeswehr may be deployed at the request of state governments. The exact threshold for when a ‘natural disaster’ or a ‘particularly serious accident’ exists must be determined in each individual case, with the principle of proportionality being strictly observed.
Police Tasks and ‘Terminal’ Means
The so-called Aviation Security Act Decision of the Federal Constitutional Court (BVerfGE 115, 118) clarified that, in principle, the Bundeswehr is only entitled to police powers domestically—especially the use of deadly force—in strictly limited exceptional cases (i.e., legitimate self-defense situations against imminent threats of extraordinary magnitude).
Statutory Regulations and Further Provisions
Statutory Provisions
Further specifications can be found in the Act on the Cooperation of the Bundeswehr and Police in Defense (BwZG) as well as the Act on the Application of Direct Force in the Exercise of Public Authority by Federal Enforcement Officers (UZwG). These primarily regulate the modalities of cooperation and the use of armed force.
Request Procedures and Competences
In the event of a disaster, the state government or a designated authority may request assistance from the Bundeswehr. The final decision on deployment at the federal level is made by the Federal Ministry of Defense, which checks necessity and proportionality. In internal emergencies, the decision is made jointly by the federal government.
Restrictions and Controls
Parliamentary Reservation
In contrast to foreign deployments, the Parliamentary Participation Act does not apply to most domestic deployments of the Bundeswehr, as these are typically executive support operations and do not constitute ‘armed operations’ in the sense of the Basic Law. Nonetheless, there is oversight by Bundestag committees to prevent abuse.
Separation Principle Police – Military
The separation principle prohibits a ‘police state’ by preventing blurred lines between police and military authority. Constitutional regulations are aimed at permitting the use of military means domestically only as a last resort and under strict conditions.
Federal Constitutional Court Jurisprudence
The Federal Constitutional Court has repeatedly clarified the admissibility of domestic deployments of the Bundeswehr with several landmark decisions (including the Aviation Security Act, parliamentary reservation for foreign deployments, police tasks); in particular, a preventive or extended military use for mere support of the police in the general maintenance of public security is inadmissible.
Practical Examples and Current Developments
Bundeswehr Deployments in Natural Disasters
Historically, the Bundeswehr has been deployed domestically, for example, during the Elbe floods in 2002, snow disasters in southern Germany, or in supporting health authorities during the COVID-19 pandemic. In all cases, the deployment took place in close coordination with civil authorities and in compliance with legal limitations.
Discussion and Criticism
Key points of criticism concern the question of proportionality, the clarity of the disaster concept, and concerns about a gradual expansion of military powers at the expense of the police. Reform proposals include, among other things, the codification of clearer thresholds and regulated control mechanisms.
Conclusion
Domestic deployments of the Bundeswehr are constitutionally permissible but subject to strict requirements. They constitute an exceptional right that reflects the federal organizational principle, separation of powers, and the principle of democracy. The legal bases are exhaustively regulated in the Basic Law and are continually specified by statutory provisions and supreme court jurisprudence. The practical implementation is subject to close monitoring and review to prevent abuse or exceeding of constitutionally assigned powers.
Frequently Asked Questions
Under what legal conditions may the Bundeswehr be deployed domestically?
Domestic deployments of the Bundeswehr are generally only permissible under strict legal conditions due to the so-called ‘separation principle’ between police and armed forces. The relevant legal bases are found primarily in the Basic Law (Art. 35, Art. 87a GG) and in the Federal Constitutional Court Act (§ 13 No. 7 BVerfGG). In the event of a disaster, natural disaster, or serious accident, the armed forces may be deployed for administrative assistance pursuant to Art. 35 paras. 2 and 3 GG, acting under the direction of civil authorities and only performing supporting measures. Deployment for averting danger or in cases of internal emergency under Art. 87a para. 4 GG is allowed only if public security in the federal territory is seriously threatened and other means are insufficient. Even for aviation security duties (e.g., defense against terrorist-hijacked aircraft), there are strict constitutional boundaries based on supreme court decisions. In consequence, every domestic deployment must be limited to what is necessary and is strictly monitored to prevent violations of the state’s monopoly on the use of force and federal structures.
What statutory restrictions apply to the armed deployment of the Bundeswehr domestically?
Extremely high legal thresholds apply to armed deployments of the Bundeswehr domestically. The Basic Law only allows the use of military weapons domestically in very few exceptional cases. In particular, Art. 87a para. 4 GG allows armed deployment solely ‘to avert an imminent danger to the existence or free democratic basic order of the Federation or a state’. All other means must first have been exhausted, and an explicit order from the federal government is generally required. Even under such emergencies, deployment is only permitted within narrowly defined limits and is subject to strict parliamentary and judicial control to prevent abuse.
Who decides on the domestic deployment of the Bundeswehr, and what is the parliamentary procedure?
The decision on a domestic deployment of the Bundeswehr mainly depends on the deployment scenario: In the case of disaster relief under Art. 35 paras. 2 and 3 GG, the Federal Ministry of Defense may order the deployment at the request of a state government or individual authorities. In situations of internal emergency according to Art. 87a para. 4 GG, the federal government can order the deployment, but must immediately inform the Bundestag and Bundesrat or obtain their approval for continued deployment. The Parliamentary Participation Act (ParlBG) primarily governs foreign deployments, but the information and intervention rights of the Bundestag are also of central importance for domestic deployments to ensure separation of powers.
What role do state governments and the police play in a Bundeswehr deployment in Germany?
In domestic deployments of the Bundeswehr, federal responsibilities must be strictly observed. The police remain fundamentally responsible for averting dangers domestically. The Bundeswehr may only act as part of legally regulated administrative assistance (Art. 35 paras. 1 and 2 GG) and does so under the instructions of civil authorities. Operations are always conducted in close coordination with state governments, especially in disasters or when supporting state police. Independent action or taking over police tasks is generally excluded, except in the constitutionally clearly defined cases of an internal emergency.
Are there grounds for exclusion or limits to the use of certain military capabilities, such as weapons or tanks, domestically?
The Basic Law and accompanying legislation significantly limit the use of specific military capabilities of the Bundeswehr domestically. The use of weapons of war or major military equipment such as tanks is generally prohibited and only temporarily permitted in especially regulated cases, such as in internal emergencies under strict parliamentary control (Art. 87a para. 4 GG). For general administrative assistance or disaster relief, only suitable and proportionate means may be used, usually limited to unarmed support such as transport, logistics, medical assistance, or technical rescue. The targeted use of weapons against persons is, outside the narrowly defined exceptional cases, strictly prohibited by the constitution.
How is constitutional oversight ensured for domestic deployments of the Bundeswehr?
Constitutional oversight of domestic Bundeswehr deployments occurs on several levels. First, such deployments are subject to parliamentary supervision, especially in actions under Art. 87a para. 4 GG. In addition, all operations must adhere to the principles of the rule of law and are subject to judicial review. The Federal Constitutional Court can be called upon in cases of doubt to review the legality of any deployment. The interventions themselves must always be necessary and proportionate, and any restrictions of fundamental rights are subject to the strictest requirements. The Parliamentary Commissioner for the Armed Forces and the Federal Commissioner for Data Protection and Freedom of Information also have powers of oversight regarding compliance with constitutional standards.
What are the differences between domestic and foreign deployments of the Bundeswehr in terms of legal bases?
The legal bases for domestic deployments of the Bundeswehr differ significantly from those for foreign missions. While foreign missions are usually based on resolutions of international organizations (e.g., UN, NATO, EU) as well as on Art. 24 para. 2 and Art. 87a GG in conjunction with the Parliamentary Participation Act, domestic deployments are based exclusively on the very restrictive exceptions set out in the Basic Law. Here, the strict separation of military and police tasks applies; the Bundeswehr only acts when explicitly permitted by the constitution. Mechanisms of democratic oversight are essential for both types of deployment, but constitutional binding in the domestic context is especially strict and limited in order to protect democratic and federal order.
