The German military cannot shoot down drones in the countryʼs domestic airspace. This is largely due to the countryʼs desire to prevent a repeat of its Nazi past.
Politico writes about this.
Germany’s post-World War II constitution explicitly prohibits the military from playing a key role in the country’s internal security. The law’s drafters remembered how the Nazis had abused Germany’s military power to attack left-wing political forces in domestic politics.
But today, these constitutional guarantees have an unintended side effect — they limit Germany’s ability to defend itself against Russian provocations.
“We need to change the laws so that the only ones who can do this — namely the Bundeswehr — also have the authority to do this,” the chairman of the Bundestag’s defense committee Thomas Rövekamp told Politico.
While the Bundeswehr could theoretically use weapons domestically in the event of a large-scale invasion, drone incursions are not yet considered serious enough attacks. Under current law, the Bundeswehr can only shoot down drones over military bases.
There is no evidence that any of the drones that recently entered German airspace were carrying weapons. However, according to German authorities, Russia appears to be using drones for espionage.
Last year, there were reports of unexplained drone flights over facilities owned by weapons manufacturer “Rheinmetall” and chemical group BASF.
German police have the legal right to shoot down such drones if they deem it necessary, but lack the technical capability. The military has more such capabilities, but is largely unable to act, largely due to the countryʼs history.
"The federal police, as well as almost all state police forces, currently do not have any capabilities to protect against drones," said Rövekamp.
Currently, the Bundeswehr can only provide what the constitution calls “administrative assistance” in drone protection. Its forces can, for example, help identify drones or provide information upon request — as was the case when drones were recently spotted over Munich airport.
German Interior Minister Alexander Dobrindt plans to create a drone protection unit within the federal police and a Drone Protection Center that will allow police, intelligence agencies and the military to pool resources. The minister also intends to push for legislation that would allow the military to shoot down drones in German airspace if there is a threat to human life.
The German government passed a law on October 8 that will allow police to shoot down drones. It will now be considered by the German parliament. The new law allows police to shoot down drones that violate German airspace. In addition to firearms, drones can be neutralized with lasers or electronic warfare equipment that disrupts control and navigation signals.
But some say the only long-term solution is to change Germanyʼs constitution to allow the military to play a more active role in domestic politics.
- In September, violations of airspace by drones and aircraft began to be recorded in Europe. Russian drones flew into Poland and Romania, their wreckage was found in Bulgaria and Latvia. Three MiG-31 fighters entered Estonian airspace.
- Due to the appearance of drones, the main airport in Copenhagen was temporarily closed, they were also recorded in Norway, near the Swedish Navy base and military facilities in Denmark.
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