Legal experts in Germany have stated that adjustments to the Basic Law (Grundgesetz) are not required to authorize the German Armed Forces (Bundeswehr) to deploy for domestic drone defense operations. This assessment, provided by constitutional law professor Joachim Wieland of the University of Speyer, hinges on existing provisions within Article 87 of the Basic Law.
Professor Wieland, in comments to the Handelsblatt newspaper, clarified that countering drones carrying explosives falls under the Bundeswehr’s established defense mandate, mirroring the defensive measures already taken against foreign military aircraft entering German airspace. This mirrors the existing protocol where German Air Force fighter jets are immediately deployed to intercept potential threats.
According to Wieland, the Bundeswehr is permitted to engage drones that cannot be definitively identified as harmless. Consequently, he suggests that amendments to the Air Security Act are sufficient to formally enable this action. The focus remains on ensuring the ability to neutralise unidentified aerial threats while adhering to the current constitutional framework.