International Military Operations (German Participation) Case

Abstract

States — Conduct of foreign relations — Armed forces — Decisions of Government of Federal Republic of Germany on deployment of armed forces within framework of operations undertaken by United Nations, North Atlantic Treaty Organization and Western European Union — Whether participation of German armed forces in such operations compatible with Articles 24(2) and 59(2) of Basic Law of Federal Republic of Germany — Requirement of legislative consent — Whether such participation covered by previous legislative incorporation of founding treaties of UN, NATO and WEU — Whether every decision on deployment of armed forces for military or peace-keeping purposes requiring specific parliamentary vote of approval as matter of principle — Whether Federal Government entitled to make provisional deployment of forces in urgent situations, subject to parliamentary recall

States — Conduct of foreign relations — Participation in systems of collective security — Constitutional legality — Scope of authorization contained in Basic Law of Federal Republic of Germany, Article 24(2) — Whether alliances for collective self-defence also constituting systems of collective security — Whether participation of Germany in military structures of UN, NATO and WEU covered by Article 24(2)

War and armed conflict — Use of force — Collective security — North Atlantic Treaty, 1949, Article 5 — United Nations Charter, Article 51 — Whether covering both collective self-defence and collective security — Whether UN, NATO and WEU constituting “collective security systems” — Performance of so-called “new tasks” by NATO and WEU — Decisions by Member States of NATO and WEU to establish monitoring mission at sea and no-fly zone in air for enforcement of UN Security Council resolutions against participants in conflict in former Yugoslavia — Whether decisions taken by Member States within framework of existing treaty arrangements — Whether constituting de facto amendments to NATO and WEU treaties

Treaties — Conclusion and operation — Constitutional limitations — Treaties regulating political relations — Requirement of parliamentary legislative approval — Basic Law of Federal Republic of Germany, Article 59(2) — Whether legislative approval required only for formal treaties or also for changes to content of existing treaties — Concerted practices adopted by parties — Whether subject to legislative approval requirement under Article 59(2) where parties have not indicated specific intent to alter treaty arrangements — The law of the Federal Republic of Germany