The Bundesverfassungsgericht has declared legislation which would have allowed the German Air Force to shoot down hijacked passenger planes unconstitutional.
The Luftsicherheitsgesetz (literally: Aviation Safety Act) was passed in January 2005 and mainly dealt with uncontroversial matters concerning the safety at airports. One provision however allowed the minister of defense to order the Air Force to shoot down a hijacked plane as a last resort if it could be presumed that that plane would be used as a weapon to kill people on the ground.
The court based its decision to strike down that provision on three considerations:
Gerhart Baum, a former interior minister and one of the plaintiffs, hailed the decision as "historic" and said that were it not for that ruling "we would have martial law while fighting crime".
Defense minister Franz Josef Jung said "it is our duty to protect the citizens from terrorism". He announced that he would consider lobbying to change the Basic Law.
The ruling is expected to also have bearing on current discussions to extend the mandate of the Bundeswehr (German military forces) to help police large events like the upcoming soccer world championship in Germany, as it implicitely reaffirms the separation of armed forces and the police.
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German Constitutional Court prohibits shooting down hijacked passenger planes