2-4 / 2012 Content

87 (2012) 2-4: Parliamentary Control of Military
and Security Policy

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Strengthening Europe’s Capacities for Security Policy
(excerpt of a discussion paper
by Andreas Schockenhoff and Roderich Kiesewetter)


Hands off the Parliament’s Army (Parlamentsheer)!
Dieter Wiefelspütz



Parliament’s Participation in the Deployment of the German Armed Forces Abroad: Recent Developments

Andreas L. Paulus / Henrik Jacobs

In its seminal Somalia/AWACS judgment the German Federal Constitutional Court gave the Bundestag a right to participate in the deployment of Germany’s armed forces abroad because it qualified the Federal Armed Forces as a “Parliament’s Army” (Parlamentsheer). This decision marked a pivotal turn towards a democratisation or parliamentarisation of military authority which meanwhile has been extended also to European Law. It thus entrenched at least parts of the foreign powers more firmly in the legislative bodies. Recent decisions not only further substantiated the necessity and the limits of parliamentary consent, but also based the consent of the Bundestag in the democratic principle of the Basic Law. This new approach served the Court to strengthen the rights of the Bundestag in a field that is increasingly wrested from parliamentary influence due to intergovernmental arrangements. The Parliament will consequently have to develop mechanisms which give equal consideration to the need of the external capacity to act.


Between Efficiency and Legitimacy: Comparing the Parliamentary Control of Military Deployments Worldwide

Dirk Peters / Wolfgang Wagner

Giving national parliaments a say in the deployment of military forces can increase the democratic legitimacy of these deployments. But, depending on how the rules are designed, it may also jeopardize their military efficiency. This paper examines how democracies around the globe deal with this challenge in their deployment rules. Using a new data set on deployment rules comprising 49 democracies worldwide from 1989 to 2004, we demonstrate how diverse these rules are. Overall, it becomes evident that there is no trend towards a parliamentarisation of deployment rules after 1989. Rather, deployment rules appear to become increasingly differentiated. In this process, parliaments tend to lose rather than to win opportunities to co-decide over military deployments.


The Civilian Control of Armed Forces in Argentina and Brazil

Christoph Harig

Military rule in Argentina and Brazil ended under very different circumstances. Taking into account the respective first transition outcomes, this article aims to examine whether and to what extent the civilian authorities managed to build a hierarchical relationship with a subordinated military, thus meeting the usual demands of civil-military relations in democratic states. On the basis of several aspects of civilian control, it is shown that major initiatives in the presidential systems of both countries usually were taken by the executive branch while the legislative branch merely played a secondary role.



Peace as Legal Order: The Contribution of Alfred Hermann Fried (1864–1921) to the Development of International Law

Klaus Schlichtmann

Alfred Fried, the founder of this journal, received the Nobel Peace Prize together with the Dutchman Tobias Asser in 1911. One century later, this article demonstrates how substantial Fried’s contribution was for the approach of transforming the state of international anarchy into an international system of common security organised along legal principles. Law, according to Fried, essentially arises from the conversion of violence – a guiding idea still today. One central element in Fried’s conception of international law was the transition period, which shall lead to a state of peace as the legal order, and which he contrasts with a mere “pause between two wars”, i.e. an interwar period which constitutes a state of “latent war”.

Arms Trade Treaty and UN Programme of Action – On the State of Global Governance in the Field of Small and Light Weapons

Mischa Hansel

The majority of civil deaths in contemporary armed conflicts are caused by the usage of small and light weapons. This article starts with a discussion of demandand supply-side factors that might explain high levels of regional small arms availability. It lists various countermeasures and summarises regime-building processes at the global and regional level. It continues with a critical evaluation of the more recent negotiations on an UN Arms Trade Treaty and the UN Programme of Action Review Conference respectively. The article offers three theoretical perspectives in order to explain the lack of substantial progress. The first focuses on constellations of power and interests, the second emphasises competing international and societal norms and the third takes a closer look at the institutional framework in which international and transnational interactions take place.