[Parzival]

(03-26-2016 02:53 AM)Horus Wrote:  

What is the legality of European military action against their own "citizens?" For example, is there anything in Belgian law to prevent the military cordoning off Molenbeek while the artillery razes the area to the ground?

Edit: This isn't an irrational angry post. I actually want to know whether, if shit hits the fan, European soldiers are allowed to act against citizens.

http://www.bundeswehr.de/portal/a/bwde/!...TBz-HN40!/

Quote:

The use of armed forces inside are set clear constitutional limits. This is a lesson from the history of Germany and in particular means a clear separation of responsibilities of the police and military: the police is solely responsible for the internal security responsibility.

The Basic Law states: "Apart from defense, the armed forces may be used only where this Basic Law expressly allows." (Article 87a, paragraph 2 GG)

These exceptions are set out as follows:

Disaster Assistance (Article 35 para. 2 sentence 2, para. 3 GG)
When a natural disaster or an especially grave accident, the armed forces may be required to restore security and order and to provide assistance when the police no longer is this alone capable.

"Disaster Relief" is also used in a terrorist attack into consideration. Namely, when it represents a grave accident. The Federal Constitutional Court has, however, set in 2012, the threshold of this very high.

An especially serious accident case there is only, at a "unusual exceptional situation catastrophic proportions", the Court notes. In this case, the Bundeswehr must be used to support the police and apply police resources. Military means are not generally excluded, however, may only be used in an absolute crisis.

Specifically, this means: Just because the police forces to protect a concert or a football match is not sufficient, can not be resorted to soldiers for protection.

Inside emergency (Art 87 a IV GG)
Only when the democratic order or the existence of the Federal Republic of Germany is in immediate danger, the Bundeswehr must be used to protect civilian objects (for example, schools, train stations and airports) and to combat so-called insurgents with specifically military weapons.

assistance

The current provided by the Bundeswehr in support of refugee assistance will be provided as assistance (Article 35 para. 1 GG). This assistance is no use. It is limited to technical assistance such as accommodation, catering and transport and includes any statutory work.

Soldiers who secure the German borders in this context, also holds Defence Minister Ursula von der Leyen inadmissible. "This is not a task of the Bundeswehr, but the police," she said in an interview with the German Press Agency. "The Basic Law is clear. As part of the assistance we provide an infinite number of tasks, but the border is where it comes to sovereign tasks and the enforcement of coercion. This may in Germany only the police. "

Thats the definition how the German Army can used inside. In Germany you have the state police that belong to each of the 16 federal states. And the federal police that is there for border protection, railway stations, airports.

Every state Police has an SEK. A special unit like a SWAT team. They are located for example in Bavaria in Munich and in Nuremberg.
Then you have the Bundespolizei - federal police. They have the GSG 9. Its a special unit like the SEK but a little better. They can also go into foreign territory but not always because they are a civil unit. Not military.
The Bundespolizei got now a new unit:
http://www.spiegel.de/politik/deutschlan...68077.html

Quote:

The plans were already longer in the drawer, because of the attacks of Paris, they are now being implemented: In addition to the anti-terrorism unit GSG 9, which was made famous by the liberation of a hijacked Lufthansa plane in 1977, there is now a further special unit of the Federal Police , Your bulky abbreviation is "BFE +". That stands for "arrest unit plus".

"This unit can protect this unit may search, and this unit can act decisively - thereby keeps the GSG 9 back free for hostage rescue and other sturdy materials," Romann explained the tasks of the new special force. The structure of the attacks of Paris and the subsequent events that led to the conclusion that the Federal Police should be better equipped for the fight against terrorism, de Maiziere said.

When used against terrorists and serious violent offenders BFE + response and sustainability of the federal police to increase. At least this is the goal of the Ministry of Interior. The special unit will support 9 in addition to the federal police and the state police GSG "at multiple, prolonged" dangerous situations, they say. Unlike the GSG 9 equipped with special weapons official will be also used in the riot.

So mostly you will see the German army only in a real war scenario inside Germany. With other countries its different, they have kind of paramilitary police units and other laws.
Furthermore on European level you have the Treaty of Lisbon:
https://en.wikipedia.org/wiki/Treaty_of_Lisbon

Quote:

By Article 42 7 of the EU Treaty, the EU took on the character of a defensive alliance for the first time; that is, in the case of an armed attack on one of the Member States, the other must make him "all in their power assistance and support". The wording of this provision goes beyond the mutual commitment of NATO member countries from the Article 5 of the North Atlantic Treaty, which requires only to support the scope of the measures considered necessary.

The reality is quite different. After September 11 2001 the EU said they want to work together against terrorism. This include the sharing of information. Belgium get a lot of blame from France because Belgium has a bad structure to face terrorism. Often one country has a terrorist on screen but there is no central data for every country. Its up to the own agencies if they share the information or not.
Even inside Germany, the State Police runs different computer systems then the federal police and both are different then the data the Refugee agencies have. There is no coordination. Imagine you have a company but you don't know what your departments are doing because they don't share information or they are not able to do so.