What does the Basic Law say?

Deployments of the Bundeswehr inside Germany follow a clear set of rules. Technical administrative assistance, for instance as support in the event of floods or in the context of refugee relief, is an established procedure in accordance with Article 35 of the Basic Law. With this type of administrative assistance, the Bundeswehr provides support by means of technical equipment or manpower but does not perform any sovereign tasks.

Article 35 (2) of the Basic Law stipulates that the Bundeswehr can perform sovereign tasks, such as police tasks: “In order to respond to a grave accident or a natural disaster, a Land [federal state] may call for the assistance of police forces of other Länder or of personnel and facilities of other administrative authorities, of the armed forces or of the Federal Border Police.” Particularly severe accidents can range from a major chemical accident to a major terrorist threat situation. In such cases, the Bundeswehr may assume police tasks, for example, although only under the command and responsibility of the competent civil authority.

Domestic emergencies in accordance with Article 87 a (4) of the Basic Law are a special case. They do not constitute administrative assistance. It means that the Federal Government may employ the Bundeswehr to support the state and federal police authorities in order to avert an imminent danger to the existence or free democratic basic order of the Federation or of a federal state.