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Internationalisierung der Sicherheitsgewährleistung. Rechtsfragen der deutschen Mitgliedschaft in der Nato
The article analyses the development of national and international law in the context of the German NATO-membership. First we describe the constitutional amendments preparing the accession of the Federal Republic of Germany to the North-Atlantic-Treaty. Starting with the basic judgment of the constitutional court “Blauhelmentscheidung” (1994), the regulations of the corresponding Participation of Parliament Act (Parlamentsbeteiligungsgesetz) are explored. Although the parliament general needs to consent to military actions out of area, the implementation of the operations by executive organs and the formulation of the general strategy of NATO by the government remain almost uncontrolled. The national trails in relationship with the NATO-membership of Germany cannot compensate the lack of control by international courts. Whereas the European Court for Human Rights dismissed his competence, the International Court of Justice and the International Criminal Court are prevented from controlling German military actions within NATO caused by an absent general submission of Germany, resp. definition of aggression by the parties of the ICC-bylaw. Tension with International law exists especially between the guarantee of immunity from prosecution by the NATO Status of Forces Agreement and norms of the third Geneva Convention which provides universal jurisdiction for war crimes, genocide, and crimes against humanity.
No. 091/2009
Andreas Fischer-Lescano
Steffen Kommer

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