Since the Second World War, the German position relating to the use of military force is on the one hand characterized by a strong adherence to the principle of non-use of force (“never again”). Yet there has also been the recognition of military necessities. This tension is reflected in legal and political discourses over the last seventy years. The German Basic Law of 1949 formulates a sweeping prohibition of acts likely to disturb peaceful relations among peoples. This is not fully reflected in the implementing legislation. Since the early 1990ies, the use of German armed forces abroad has lead to controversies and litigation before the Federal Constitutional Court. The legal arguments put forward by the German government to justify its position in these cases are critically analyzed.
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