Unser
Politikblog | 21.10.2016
(press
declaration with the request for publication)
Volker Reusing and Wolfgang Effenberger (file number 2 BvR 2174/16) |
At the
18.10.2016, Volker Reusing and Wolfgang Effenberger have filed,
within the deadline of one year, a Constitutional complaint (file
number 2 BvR 2174/16) against the resolution of the Bundestags of the
03.12.2015 (file number 18/6866) on the Syria deployment of the
Bundeswehr.
The
deployment violates objectively the prohibitions of aggressive war
and disturbs the peaceful coexistence of the peoples (art. 26 Basic
Law, art. 2 par. 4 UN Charter). In June 2016, the protest by the
Syrian government has proven, that it rejects the deployment which
has neither been requested by it nor been coordinated with it. Also
the parliamentary reservation (art. 115a Basic Law) is violated,
because the consent of the Bundestag had also to be requested before
the EU resolution of the 16./17.11.2015 (file number 1420/15) on the
case of mutual defence. Furthermore, the EU clause on mutual defence
(art. 42 par. 7 TEU) has not been valid yet, because, as already the
Lisbon Judgement of the 30.06.2009 has established, before that the
EU would have to conclude, that it wants a common defence policy,
which then would need the consent by the national parliaments of all
EU member states (art. 42 par. 2 subpar. 1 TEU). At least the latter
has never happened. In addition to that, without a valid clause on
mutual defence, the EU is no system of mutual collective security;
the Bundeswehr may be deployed in combat only for the defence of the
own country and within the scope of systems of mutual collective
security (art. 24 par. 2 Basic Law). And the international alliance
in the fight against Isis is an ad hoc – alliance without any
ratified treaty and so obiously without any clause on mutual defence.
Also the Syria resolutions of the UN Securtiy Council do not legalize
the deployment, because they do just not state according to art. 42
UN Charter, that peaceful means had remained unsuccessful or
hopeless, because they particularly for that reason do not give any
authorization for military means, but in the contrary, set on
negotiations and on ever harder sanctions against Isis, against Al
Qaida, and against ever more groups of their supporters.
The
terrorist attacks in Paris of the 13.11.2015 have been below the
treshold of a militarily armed attack. The resolution on the case of
mutual defence has de facto only disattracted a significant part of
the public and of the politicians from the fact, that the Syria
deployment is a military intervention
for
values and interests (art. 42 par. 5 TEU) and for crisis intervention
(art. 43 par. 1 TEU) – corresponding with the ideology of the
„humanitarian intervention“. That ideology has developed from the
study „Self Determination in the New World Order“ of the year
1992 by the think tank Carnegie Endowment for International Peace,
and it aims provenly on making outflankable the prohibition of
aggressive war (art. 2 Abs. 4 UN Charter) and the responsibilities of
the UN Security Council. The ideology of the „humanitarian
intervention“ has been, in the last 24 years, responsible for
„colour revolutions“ and for wars including for the nearly
escalation of the Syria conflict into a world war, which has been
very narrowly averted at the 31.08.2013.