preemptivly.
According to them it is against the principle of human dignity and against
the law that forbids the use of armed forces within Germany to shoot
down hijacked airplanes. They struck down a law implemented by the Schroeder
government that allowed to shoot down those plans if deemed neceassary.
Terrorsit should fly Lufthansa I suppose. :bangheads :ali:
Germany Can No Longer Shoot Down Hijacked Planes
High Court Rules that 2003 Law Is Unconstitutional
By Craig Whitlock
Washington Post Foreign Service
Wednesday, February 15, 2006; 1:00 PM
BERLIN, Feb. 15 -- Germany's highest court overturned a law Wednesday that authorized the government to shoot down hijacked civilian airliners, ruling that it was unconstitutional to sacrifice the lives of passengers to protect potential targets of a terrorist attack.
German lawmakers had approved the law giving the defense minister the power to open fire on hijacked planes in 2003, after a mentally disturbed pilot threatened to crash a small plane into the European Central Bank tower and other landmarks in Frankfurt. The law was challenged by opponents who argued that the constitution forbids the military from endangering the lives of German citizens or exercising domestic police powers.
Although European nations bolstered air security measures after the Sept. 11, 2001 hijackings in the United States, they have struggled for years to coordinate their laws and policies when it comes to dealing with a hijacked airliner.
In some countries, like Sweden, it is forbidden to shoot down a civilian plane under any circumstances. Others rely on neighboring countries or NATO forces to patrol their skies and respond to potential terrorists. Security officials say the contradictory rules make it inherently difficult to respond to a hijacking on a continent where airplanes can cross the airspace of multiple countries in a matter of minutes.
German lawmakers from the ruling Christian Democrats said they would try to amend the constitution to revive the law, but many other members of Germany's coalition government are opposed. Changing the constitution would require a two-thirds vote by the Parliament.
"We must now examine the question of how we can establish the legal principles so that the citizens are protected from terrorist acts in the air," Defense Minister Franz Josef Jung said in response to the verdict.
Supporters of the law said they would push to change the constitution before Germany hosts the World Cup soccer championship in June. Lawmakers are also debating whether it is legal -- or advisable -- to have military forces assist with overall security measures for the World Cup.
Andreas Hotes, a Berlin security analyst and director of aviation for the RAND Europe think tank, said Germany needed to clarify its policy one way or another. He said he favored giving the government the authority to shoot down a plane if it has been clearly hijacked as part of a suicide attack, although he acknowledged that giving the order would be inherently difficult.
"We need a decision," he said. "When you have a hijacked aircraft now, what do you do? If you know a plane has been hijacked and it is going to crash into a target, do we really want to say we can't shoot it down? They can't leave things vague, that's for sure."
http://www.washingtonpost.com/wp-dyn/content/article/2006/02/15/AR2006021501333.html
According to them it is against the principle of human dignity and against
the law that forbids the use of armed forces within Germany to shoot
down hijacked airplanes. They struck down a law implemented by the Schroeder
government that allowed to shoot down those plans if deemed neceassary.
Terrorsit should fly Lufthansa I suppose. :bangheads :ali:
Germany Can No Longer Shoot Down Hijacked Planes
High Court Rules that 2003 Law Is Unconstitutional
By Craig Whitlock
Washington Post Foreign Service
Wednesday, February 15, 2006; 1:00 PM
BERLIN, Feb. 15 -- Germany's highest court overturned a law Wednesday that authorized the government to shoot down hijacked civilian airliners, ruling that it was unconstitutional to sacrifice the lives of passengers to protect potential targets of a terrorist attack.
German lawmakers had approved the law giving the defense minister the power to open fire on hijacked planes in 2003, after a mentally disturbed pilot threatened to crash a small plane into the European Central Bank tower and other landmarks in Frankfurt. The law was challenged by opponents who argued that the constitution forbids the military from endangering the lives of German citizens or exercising domestic police powers.
Although European nations bolstered air security measures after the Sept. 11, 2001 hijackings in the United States, they have struggled for years to coordinate their laws and policies when it comes to dealing with a hijacked airliner.
In some countries, like Sweden, it is forbidden to shoot down a civilian plane under any circumstances. Others rely on neighboring countries or NATO forces to patrol their skies and respond to potential terrorists. Security officials say the contradictory rules make it inherently difficult to respond to a hijacking on a continent where airplanes can cross the airspace of multiple countries in a matter of minutes.
German lawmakers from the ruling Christian Democrats said they would try to amend the constitution to revive the law, but many other members of Germany's coalition government are opposed. Changing the constitution would require a two-thirds vote by the Parliament.
"We must now examine the question of how we can establish the legal principles so that the citizens are protected from terrorist acts in the air," Defense Minister Franz Josef Jung said in response to the verdict.
Supporters of the law said they would push to change the constitution before Germany hosts the World Cup soccer championship in June. Lawmakers are also debating whether it is legal -- or advisable -- to have military forces assist with overall security measures for the World Cup.
Andreas Hotes, a Berlin security analyst and director of aviation for the RAND Europe think tank, said Germany needed to clarify its policy one way or another. He said he favored giving the government the authority to shoot down a plane if it has been clearly hijacked as part of a suicide attack, although he acknowledged that giving the order would be inherently difficult.
"We need a decision," he said. "When you have a hijacked aircraft now, what do you do? If you know a plane has been hijacked and it is going to crash into a target, do we really want to say we can't shoot it down? They can't leave things vague, that's for sure."
http://www.washingtonpost.com/wp-dyn/content/article/2006/02/15/AR2006021501333.html
