Germany
The post-war constitution of Germany strictly forbids the use of military force in police functions. The functions that MACP has in other countries are carried out by special police forces, which are basically under the control of the state governments, not of the federal government.
For some actions, federal police forces can be used either by orders of the federal administration and federal judiciary or by request of the state government. The counter-terrorist unit GSG 9 is part of the Bundespolizei (until 2005 known as the Bundesgrenzschutz) and is well known in Germany for its antiterrorist missions. However, several state police corps have similar units. The Bundesgrenzschutz and the GSG 9 were historically combatants and they had military ranks, but have always been under the control of the Ministry of the Interior.
This strict separation between civil and military power was enacted to prevent the army from becoming a political power again in internal affairs and to secure its subordination to the civil power. Since the 1990s, a number of conservative politicians has called for an abolition of this rule, but there seems to be no majority for such a change.
But a new law was passed in September 2004, the Air Security Act (Luftsicherheitsgesetz). From September 24, 2004 until February 2005 there was an exception from the use of military force regarding air security: In a case of imminent danger, the Bundeswehr and its air force branch, the German Air Force were authorised to use force against an aircraft.
As ultima ratio, the Minister of Defense was empowered to give the order to shoot down an aircraft if the aircraft was used as a weapon against humans and there was no other way to repel the attack. Air policing is a traditional task of the German Air Force. However, the Luftsicherheitsgesetz was declared unconstitutional on February 15, 2006, by the Federal Constitutional Court of Germany Bundesverfassungsgericht).
The court held that no civil aircraft may be shot down, even if the aircraft is used as a weapon by terrorist. The court held that the passengers' dignity and right to life would be violated if the aircraft was shot down.
Read more about this topic: Military Aid To The Civil Power
Famous quotes containing the word germany:
“By an application of the theory of relativity to the taste of readers, to-day in Germany I am called a German man of science, and in England I am represented as a Swiss Jew. If I come to be regarded as a bête noire the descriptions will be reversed, and I shall become a Swiss Jew for the Germans and a German man of science for the English!”
—Albert Einstein (1879–1955)
“If Germany is to become a colonising power, all I say is, “God speed her!” She becomes our ally and partner in the execution of the great purposes of Providence for the advantage of mankind.”
—W.E. (William Ewart)