Der Einsatz Der Streitkrafte Gegen Piraterie Auf See

Since 2008 German armed forces are combating pirates off Somalia, which implicates several questions relating to constitutional and international law. Whereas military actions in order to repel pirate attacks are allowed under international law, the German constitution is stricter in this regard. This work differentiates between unilateral and multilateral deployments for combating piracy. This study shows that the former are unconstitutional. Building on the principle of separation between police and armed forces in German law, the author creates a proposal for amending the relevant legal norm. On the other hand, multilateral deployments are legitimate under the German constitution, when taking place within a so-called system of mutual collective security. The author reasons that also the European Union and with it its Operation Atalanta constitutes such a system. In conclusion, this work also addresses legal issues arising when German armed forces arrest pirates.