Wednesday, May 19, 2021

Rüdiger Lucassen, May 7, 2021, Bundeswehr and Basic Law

German Bundestag, Plenarprotokoll 19/228, p. 29191.

Frau President. Ladies and gentlemen.

With the motion [Drucksache 19/29310] submitted by the AfD, the Bundestag would have necessarily resolved decades ago to finally create a constitutional basis for the Bundeswehr’s foreign missions. In clear text: For 30 years, CDU, SPD and Greens dispatch German soldiers all over the world and as to that there is in the Basic Law [Grundgesetz] not a single word.

In 1994, the Federal Constitutional Court decided that so-called out-of-area missions can be legitimated with Article 25 of the Basic Law – a legal auxiliary construction with which the Bundestag works now already for almost 30 years. Out of Area, ausserhalb des Gebiets, that is what it is about. The Bundeswehr – some will yet recall – is an army for the defense of the States and the Bund.That is its constitutional duty. All else can only be permissible in very well-grounded exceptional cases.

…It was ever again enjoined that it was owed to the soldiers to quite precisely examine what they were being sent into. Since 1994, the Bundestag has voted over 200 times for the prolongation of a mandate, not a single time against. Thus 200 times a real examination of conscience, an examination of conscience im Akkord. The truth is: Sticking to the government parties, nothing more at all will be examined, neither the missions’ sense or purpose, nor prospects of success, nor constitutional legitimacy and certainly not one’s own conscience. It will be nodded through; no substantial questions will be put. This also lies in the lack of a constitutional regulation.

Ladies and gentlemen, these days the failed mission in Afghanistan goes to an end. It was hitherto the Bundeswehr’s longest and bloodiest mission. Six weeks ago, the government coalition here prolonged the mandate. And now? All falls down. Within six weeks, a 180 degree turn from “We must continue” to “We must get out”. Real political flexibility! It is good the mission in Afghanistan now goes to an end. The goal must be to bring home safe and sound all German soldiers; since there is nothing more to win which could justify a risk.

This brings me to a present aspect. The Defense Minister has instructed that the special forces commando [KSK] be dispatched to secure the departure from Afghanistan. And to be calculated into this critical phase, Annegret Kramp-Karrenbauer encumbers the KSK’s mission readiness with a certain affair. On Monday, the state attorney’s office allowed the seizure of the service handy and laptop of [KSK] commander Markus Kreitmayr.

            Marie-Agnes Strack-Zimmermann (FDP): What then has that to do with                               the Basic Law?

He is suspected of having made himself culpable of an obstruction of justice in office [Er steht in Verdacht, sich der Strafvereitelung im Amt schuldig gemacht zu haben].

            Marie-Agnes Strack-Zimmermann (FDP): What has that to do with the                                    Basic Law?

And the Minister still asserts to have known nothing of the commander’s illegal orders.

           Marie-Agnes Strack-Zimmermann (FDP): What then has that to do with                               the Basic Law?

           Volker Ullrich (CDU/CSU): It’s about the constitutional legal fundamentals! 

           Philipp Amthor (CDU/CSU): He hasn’t much to say on that!

So as for once to clearly say: I am convinced that in this matter Annegret Kramp-Karrenbauer has lied to the parliament.

           Marie-Agnes Strack-Zimmermann (FDP): It has nothing to do with                                       the Basic Law!

The KSK has a leadership against which the state attorney’s office is proceeding and which has completely lost the trust of the soldiers under its command.

Frau Minister, your political survival is at the disposal;

           Marie-Agnes Strack-Zimmermann (FDP): What has that to do with the                                  Basic Law?

that I know. But it is now about the very lives of our soldiers.

           Vice-president Dagmar Ziegler: Please come to a conclusion.

Conduct yourself accordingly.

Thank you.

 

 

[trans: tem]