Quote Originally Posted by jmm99
Now, in considering your post about the Basic Law and the articles quoted, the Basic Law does seem to require procedures which are not practical on the battlefield, as you point out. So, how (if at all) do German forces get around this ?
Frankly, I don't know. Under the german system you need a formal law (meaning a law enacted by the Bundestag) to restrict a basic right. If there is none, the state cannot restrict the right. I have no knowledge of new laws, which were enacted for the current Operations. So either it is viewed that the Bundeswehr is not bound by Art. 1 III Basic Law in Foreign Countries or the existing laws are viewed as adequate. I have to research that more. But right now I don't view any of the alternatives as satisfactory.

About the seperate military law:

The Geneva Treaties (including the Protocols) and the Hague Conventions have been transferred into German federal law. In fact they are a federal law (maybe "Bill" or "Act" would the accurate term in USA?). That means they have the same position and effect as all other federal laws. Even if Germany would resign from the Genevea Treaties tomorrow, the federal law which has transformed the Geneva Treaty into German law would still be in effect.

This is the main body of the German Rules of War. As the Federal Republic was created around the same time the Geneva Treaties were drafted, there was no need for the FederalRepublic for an separate Law of LOAC. Now one could create a separate Law, where all different rules are collected, comparable to UCMJ. That would probably be easier to handle and clearer, than all the separate laws. However I see no need for differences to the existing legal situation.

Maybe it's important to note that several regulations of the Humanitarian International Law are protected by the Penal Code.