Concerns have been raised regarding proposed expansions of the Bundeswehr’s (German Armed Forces) authority in counter-drone operations, voiced by Dirk Peglow, chairman of the Federal Association of German Criminal Investigators (BDK). The plans, spearheaded by Interior Minister Alexander Dobrindt (CSU), have drawn legal and political scrutiny from within law enforcement circles.
Peglow expressed reservations in an interview with the Handelsblatt, emphasizing the constitutional framework that assigns responsibility for domestic security to the police forces of the federal government and the states. He highlighted that the German constitution permits the deployment of armed forces within Germany only under extremely limited and precisely defined circumstances, such as a state of internal emergency or a natural disaster. The Federal Constitutional Court has consistently upheld these strict limitations.
The proposed shift, which would grant the Defense Ministry the authority to decide on the deployment of weapons against drones during crises, raises significant constitutional concerns. Peglow cautioned that this action would intrude on tasks traditionally handled by law enforcement agencies, potentially eroding the constitutionally guaranteed separation between internal and external security.
Peglow stressed the importance of preventing the Bundeswehr from becoming a general-purpose tool for domestic deployment. He suggested that the armed forces should only be utilized as a supportive measure in extreme situations and only when police and security authorities are no longer capable of managing the situation. He advocates for immediate legal and technical empowerment of the police to independently detect, disrupt and neutralize drones, arguing that any alternative approach risks undermining the existing security architecture and leaving the nation unprepared for unforeseen circumstances.