Tornado Case
Germany Federal Constitutional Court
117 BVerfGE 359 (2007)
- Written by Kelly Simon, JD
Facts
In 2001, the Bundestag (the German parliament) agreed to send German military forces to participate in the International Security Assistance Force (ISAF) in Afghanistan. The ISAF began operations based on a United Nations Security Council resolution. In 2003, the North Atlantic Treaty Organization (NATO) assumed control of the ISAF mission. In April 2007, German Tornado aircraft began flying reconnaissance flights as part of the ISAF operation. PDS/Die Linke (plaintiff), a group of Bundestag members, brought an “organstreit” proceeding in the Germany Federal Constitutional Court against the German government (defendant). PDS/Die Linke argued that NATO’s direction of the ISAF in Afghanistan and the German government’s participation in the operation had exceeded the consent authorization previously given by the Bundestag for the NATO treaty because the ISAF was a military operation, not a peacekeeping mission, without connection to the European-Atlantic region. Furthermore, PDS/Die Linke argued that a formal amendment of the NATO treaty was required for Germany to participate in the Afghanistan operation.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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