National defense: Bundeswehr should be allowed to use weapons against drones

In order to ward off significant threats, the Bundeswehr should in future be allowed to shoot down suspicious drones. This is provided for in a draft amendment to the Aviation Security Act, which also allows the armed forces to use armed force against unmanned aircraft in order to prevent a particularly serious accident. The draft was available to the German Press Agency in Berlin and should be discussed in the Federal Cabinet next week.

The reason given is that in Germany there are regular illegal flights of unmanned drones over critical infrastructure facilities – i.e. energy, telecommunications, transport or industrial facilities. These are presumably “carried out by a state actor for sabotage and possibly terrorist purposes.”

Such overflights have become more frequent recently. There were reports from the training centers for Ukrainian soldiers, from the US military air base at Ramstein, but also from security-related companies. The police and military’s ability to access remained limited. Authors have hardly ever been caught.

Faeser and Pistorius discussed the drone threat in December

In November, a suspicious drone also flew around the British aircraft carrier “Queen Elizabeth,” which was a guest there. The Bundeswehr confirmed the sighting and deployed an anti-drone squad with the “effector” HP-47, a jammer that had no effect.

According to dpa information, Federal Interior Minister Nancy Faeser and Defense Minister Boris Pistorius (both SPD) discussed tightening measures against drones on December 16th. Formally, this involves supporting the police authorities in averting threats in the airspace.

The Aviation Security Act has so far only allowed the Bundeswehr to use comparatively mild means. The armed forces are allowed to push away aircraft in the airspace, force them to land, threaten to use armed force or fire warning shots. The use of weapons by the Bundeswehr has not yet been permitted, but is now to be permitted against unmanned missiles.

But the bar should be set high. The deployment of the Bundeswehr to support the police is particularly an option if there is a threat of catastrophic damage or danger to life and limb. This could be a plane or train accident, a power grid failure or an impending terrorist attack.

In another case, constitutional judges stopped an amendment

In 2006, the Federal Constitutional Court overturned another amendment to the Aviation Security Act that involved a moral and legal dilemma. Judges’ verdict: Shooting down hijacked passenger aircraft to avert a terrorist attack is irrevocably prohibited under the Basic Law. Such a step is incompatible with the fundamental right to life and the guarantee of human dignity.

In the case of unmanned aerial vehicles, the situation is completely different. This adaptation to the current challenges in the area of ​​security in the airspace is appropriate, according to a working paper.

The paths to approval are still being discussed

But there are still unanswered questions. If the Bundeswehr supports the police, responsibility for the decision on a corresponding operation remains with the body that leads the police. The exact path to approval still needs to be discussed.

A spokesman for the Federal Ministry of the Interior wanted to “neither confirm nor deny” the plan on Friday as long as there was no cabinet decision or votes. “We are seeing a significant increase in drone incidents, especially since the start of Russia’s war of aggression on Ukraine,” he said. There are always “security incidents” with drones, which are “less and less susceptible to technical malfunctions” due to their equipment and design.