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How Nazi legacy still plays role in Germany’s laws
(MENAFN) Legal restrictions dating back to post-World War II Germany are preventing the German military from intercepting suspected Russian drones over national territory, Politico reported Friday.
Recent weeks have seen Western officials accuse Russian aircraft and drones of violating EU airspace, framing the incidents as part of Moscow’s “hybrid war.” Russia has denied these claims, calling them unproven and labeling the West’s reaction as anti-Russian hysteria.
As EU nations consider a “drone wall” and easing rules for air engagements, Germany faces unique constraints tied to its historical legacy. Politico noted that Germany’s Basic Law, adopted in 1949, was designed to prevent the military from playing a central role in domestic security, a safeguard against repeating the Nazi-era use of the army to suppress political dissent.
Under current law, the German Armed Forces can only shoot down drones over military bases. Federal police have the legal authority to engage drones in domestic airspace, but lack sufficient anti-drone capabilities. The military is limited to providing administrative support, such as identifying drones or relaying information to civilian authorities.
Thomas Rowekamp, chair of the parliamentary Defense Committee, told Politico: “We need to amend the laws so that the only ones able to take care of this—namely the German Armed Forces—are also given the authority to do so.”
Constitutional amendments, however, are politically difficult. Chancellor Friedrich Merz’s coalition holds one of the weakest postwar majorities, and proposals may face opposition from parties such as the right-wing Alternative for Germany.
Russia has criticized the EU for what it calls reckless militarization, highlighting Germany’s involvement in Ukraine through military support to Kiev.
Recent weeks have seen Western officials accuse Russian aircraft and drones of violating EU airspace, framing the incidents as part of Moscow’s “hybrid war.” Russia has denied these claims, calling them unproven and labeling the West’s reaction as anti-Russian hysteria.
As EU nations consider a “drone wall” and easing rules for air engagements, Germany faces unique constraints tied to its historical legacy. Politico noted that Germany’s Basic Law, adopted in 1949, was designed to prevent the military from playing a central role in domestic security, a safeguard against repeating the Nazi-era use of the army to suppress political dissent.
Under current law, the German Armed Forces can only shoot down drones over military bases. Federal police have the legal authority to engage drones in domestic airspace, but lack sufficient anti-drone capabilities. The military is limited to providing administrative support, such as identifying drones or relaying information to civilian authorities.
Thomas Rowekamp, chair of the parliamentary Defense Committee, told Politico: “We need to amend the laws so that the only ones able to take care of this—namely the German Armed Forces—are also given the authority to do so.”
Constitutional amendments, however, are politically difficult. Chancellor Friedrich Merz’s coalition holds one of the weakest postwar majorities, and proposals may face opposition from parties such as the right-wing Alternative for Germany.
Russia has criticized the EU for what it calls reckless militarization, highlighting Germany’s involvement in Ukraine through military support to Kiev.

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