Germany Allows Its Troops to Join UN Missions
13 July 1994
By Marcus Kabel
KARLSRUHE, Germany -- Germany shook off its self-imposed military fetters adopted after World War II when the supreme court ruled Tuesday that Bonn could join international armed missions.
The judges ended a controversy in Bonn over united Germany's new world role by saying the 1949 constitution did not stop its troops joining United Nations peacekeeping or combat missions.
"Peace forces and their task of securing peace are part of the United Nations' system of collective security as it has developed through the practical application of the UN charter which the Federal Republic of Germany joined in 1973," the eight-judge panel ruled.
At the same time, the Constitutional Court said Chancellor Helmut Kohl's government had infringed the rights of parliament by not consulting it before sending troops to help monitor UN-imposed sanctions and a no-fly zone in former Yugoslavia, and to join peacekeepers in Somalia.
It made clear that in future parliament would have to approve such missions, albeit by a simple majority.
Government leaders, who have said future missions will only be undertaken with UN allies and not alone, said after the ruling Germany was not interested in playing "world policeman."
"Germany will never pursue an interventionist policy. Our foreign and security policy will not be militarized, you can be sure of that," Foreign Minister Klaus Kinkel told reporters after attending the ruling.
Asked if Bonn would now send troops to Rwanda to back forces from close ally France who have set up safe areas for civil war refugees, Kinkel said: "I don't see that at the moment."
Defense Minister Volker Ruehe, who also attended the ruling, added: "We are not discussing any individual cases right now."
Kohl welcomed the decision, which gave the final green light for his drive since unification in 1990 to take a wider global role after four decades of a purely defensive role in NATO.
"What I have always wanted has become clear in this ruling. We are members of the UN and if we make use of our UN rights, we must also carry out our duties," he said. "I consider it unacceptable for our country's dignity that we stand aside, as it were, and do not take our share of responsibility."
Kohl has gradually increased Bonn's stake in international peace forces since 1990, but the ruling removed all obstacles to a full military participation that could help Bonn's bid for a permanent seat on the UN Security Council.
Kohl's policy had been challenged by the opposition Social Democrats, who sued in the Karlsruhe court arguing the deployments violated limits written into the constitution to prevent any revival of Nazi-style militarism.
U.S. President Bill Clinton, who has joined UN Secretary-General Boutros Boutros-Ghali in enthusiastically backing a bigger place for Germany in world politics, said he was "very comfortable" with the ruling.
The judges ended a controversy in Bonn over united Germany's new world role by saying the 1949 constitution did not stop its troops joining United Nations peacekeeping or combat missions.
"Peace forces and their task of securing peace are part of the United Nations' system of collective security as it has developed through the practical application of the UN charter which the Federal Republic of Germany joined in 1973," the eight-judge panel ruled.
At the same time, the Constitutional Court said Chancellor Helmut Kohl's government had infringed the rights of parliament by not consulting it before sending troops to help monitor UN-imposed sanctions and a no-fly zone in former Yugoslavia, and to join peacekeepers in Somalia.
It made clear that in future parliament would have to approve such missions, albeit by a simple majority.
Government leaders, who have said future missions will only be undertaken with UN allies and not alone, said after the ruling Germany was not interested in playing "world policeman."
"Germany will never pursue an interventionist policy. Our foreign and security policy will not be militarized, you can be sure of that," Foreign Minister Klaus Kinkel told reporters after attending the ruling.
Asked if Bonn would now send troops to Rwanda to back forces from close ally France who have set up safe areas for civil war refugees, Kinkel said: "I don't see that at the moment."
Defense Minister Volker Ruehe, who also attended the ruling, added: "We are not discussing any individual cases right now."
Kohl welcomed the decision, which gave the final green light for his drive since unification in 1990 to take a wider global role after four decades of a purely defensive role in NATO.
"What I have always wanted has become clear in this ruling. We are members of the UN and if we make use of our UN rights, we must also carry out our duties," he said. "I consider it unacceptable for our country's dignity that we stand aside, as it were, and do not take our share of responsibility."
Kohl has gradually increased Bonn's stake in international peace forces since 1990, but the ruling removed all obstacles to a full military participation that could help Bonn's bid for a permanent seat on the UN Security Council.
Kohl's policy had been challenged by the opposition Social Democrats, who sued in the Karlsruhe court arguing the deployments violated limits written into the constitution to prevent any revival of Nazi-style militarism.
U.S. President Bill Clinton, who has joined UN Secretary-General Boutros Boutros-Ghali in enthusiastically backing a bigger place for Germany in world politics, said he was "very comfortable" with the ruling.
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