Armed Forces in a Democratic Society

 Foundations and Conditions for Training and Education of the Citizen in Uniform*

Colonel Klaus Abel, Ministry of Defence, Germany

Paper presented at a conference on Civil-Military Relations in a Post-Settlement South Africa, hosted by the Institute for Defence Politics in conjunction with the Hanns Seidel Foundation, CSIR conference centre, Pretoria, 23 April 1992.

Published in South African Defence Review Issue No 3, 1992



INTRODUCTION


The principles of order and discipline in the armed forces and the principle of freedom in democratic states appear to contradict each other. It is of particular interest, therefore, after discussing a few fundamental factors to analyze the position of armed forces in a democracy, notably the legal framework, parliamentary control and the integration of the armed forces in society. Before I do, I should point out that the circumstances described below have no general applicability. They relate only to the situation in the Federal Republic of Germany, its specific security situation and defence constitution. In brief, I will attempt to present to you our concept. I am unable to deal with questions of applicability to South Africa or its armed forces.

THE LEGAL FRAMEWORK

Legislative responsibility for the role of national defence and the protection of the civilian population in the Federal Republic of Germany is vested solely in the federal government. Under the constitution, the armed forces are established to defend the federation (Article 87a, Basic Law). In parallel with the armed forces, Germany has established the federal defence administration, which is responsible for personnel management, directly satisfying the material needs of the armed forces (Article 87b, Basic Law).

The armed forces and the civilian-federal defence administration form the Bundeswehr1, which is under the control of the Federal Minister of Defence.

Under our constitution, the executive is bound by law and justice, and particularly, by the basic rights of all citizens. The citizen retains these rights during military service in so much as is possible. These rights are only restricted where absolutely necessary as a result of the demands of such service. In other words, while the serviceman is bound in a special power relationship with the state, which permits certain necessary restrictions on his basic rights, he still remains a citizen. For instance, the principle of inviolability of the dignity of man, the basic right to freedom of expression, which is absolutely indispensable in any kind of democratic order, and the basic right to legal protection against infringement of the law by state action, continue to be fully operable in the case of soldiers.

To this extent the soldier does not become the mere object of state action. As a member of the armed forces, bound to the state in a special relationship of duty and loyalty, he enjoys the basic rights and, at the same time, supports them.

Restriction is not the same as a loss of rights! The essence of each basic right remains sacrosanct. It is something to which every soldier is entitled. The pertinent regulations are contained in the Legal Status of Military Personnel Act (Soldatengesetz). A few examples of permissible restrictions and special conditions are:
  • the right of freedom of expression: Article 15 of the Soldatengesetz allows for the freedom of expression as far as it is the individual opinion of the soldier, but restricts any political activity in favour or against any political party or movement, ie, issuing of propagandistic material, posters, canvassing or making political statements. Soldiers may attend political rallies, although not in uniform.
  • the right of freedom of movement is restricted if such freedom is incompatible with the requirements of military readiness and availability for duty.
  • the right to privacy is assured by the liberal organization of the forces' internal service (Article 2, para 1 of the Basic Law).
The judicial basic right to legal guarantees in the event of deprivation of liberty pursuant to Article 104 of the Basic Law is ensured by the provision that before disciplinary detention is imposed, an independent judge must have approved the punishment.

A serviceman's particular duty, namely to:
  • support the basic democratic order; and
  • loyally serve the Federal Republic of Germany and defend the laws and the liberty of the German people, bravely and honourably,
demand obedience if the armed forces are to remain effective and the primacy of political control is to be preserved.

The precise limits to which a serviceman is obligated to obey orders is laid down in the Legal Status of Military Personnel Act. This Act obliges each superior to observe the law of the land and the rules of international law whenever he gives an order. It also limits his authority to essential measures. Each military commander is responsible for the orders he issues. At the same time, he is duty-bound to obey the orders he receives as well as the existing laws.

An order that serves no duty-related purpose need not be obeyed, while an order that, if obeyed, would involve committing a crime, must be disobeyed. Every soldier, and of course, every superior, is directly and personally responsible for this facet. No serviceman is exonerated by the fact that he received an order requiring him to commit a crime.

These regulations are a visible expression of how the armed forces in Germany are bound by the constitution. At the same time, they determine the contents of military training to enable the armed forces to accomplish their mission.

SUMMARY

The soldier must fulfill his duties but these duties are anchored in the law. The soldier is committed to the law to the same extent than he is to his military mission. In this sense, the Bundeswehr view the soldier as a citizen in uniform.

PARLIAMENTARY CONTROL

The concentration of military power in the armed forces makes it necessary for them to be integrated into the democratic constitutional state, under the control of the executive and parliament.

Probably the most effective and visible political control of the Bundeswehr by parliament, that is the practical application of the primacy of political control, is the annual budget. The budget, which is approved annually, must show the numerical strength of the armed forces and the main features of their structure.

Special control functions are exercised by a defence committee within the German parliament. This committee prepares all the major legislation of parliament that affect the armed forces and monitors government activity in this area.

Parliament appoints a parliamentary commissioner (ombudsman) for the Bundeswehr, whose job it is to exercise parliamentary control and safeguard the soldiers' basic rights. He is directed by parliament or the defence committee to perform parliamentary reviews in the Bundeswehr. He has the power to initiate investigations, notably when he receives requests from service members. He has access to all armed forces installations and files at any time.

Any serving member in the forces is entitled to take his case directly to the parliamentary commissioner for the Bundeswehr without going through normal channels. This institution has been instrumental in establishing a balanced relationship between the military and society in Germany.

The Bundeswehr's obligation to observe the law is monitored through the general administration of justice. The constitution guarantees all ranks the right of recourse to the ordinary courts of law when a law is violated by the executive branch of government. In peacetime, there is no special system of military justice in Germany.

The primacy of political control becomes apparent in the leading role played by the Minister of Defence. In peacetime, he has power of command over the armed forces. He is thus the military superior of all service personnel, despite being a civilian. There is no independent military top authority being exercised by a military person, eg no military supreme commander.

What is more, as a member of the cabinet, the Minister of Defence is subject to parliamentary control. In a state of war, the power of supreme commander passes to the federal chancellor.

Besides this institutionalized control, the armed forces are under the critical eye of the public and the media.

In summary, parliamentary control over the Bundeswehr is exercised comprehensively and effectively. It forces the service members of all ranks to exhibit a high degree of responsible thought and action. At the same time it forces parliament to feel responsible for the armed forces and the soldiers serving in them.

Before I deal with the integration of the Bundeswehr in society, it is necessary to describe the mission and capabilities of the Bundeswehr and thus of its soldiers. The principal mission of the armed forces is defence. Defence within the meaning of the law is limited to repulsing an armed attack on the Federal Republic of Germany or one of its allies.

The use of Germany's armed forces for any purpose 'other than defence' requires explicit authorization by the constitution. Other purposes for which the armed forces in Germany may be used, include, for example:
  1. in a state of tension or defence, to protect civilian property within Germany against civilian trespassers and to perform traffic control duties;
  2. to provide assistance in the event of natural disasters or particularly grave accidents, whenever such assistance is necessary, to help overcome such a state of emergency - provided it has been requested by a federal state from the federal government. In such cases, control over the disaster relief operation remains in the hands of the civilian authorities. The military units employed in the operation are subordinated to civilian authority for the performance of the mission.
In other words, the principal political task of the armed forces is the protection of Germany's territorial integrity, the security of its citizens and the free democratic order against external dangers. The armed forces are also required to effectively perform treaty commitments. On that basis, the mission of the Bundeswehr can be defined as follows:

In cooperation with other German governmental, social and economic forces
  1. to protect German territory and German citizens both nationally and together with the armed forces of the allies against the threat or use of force from outside;
  2. as mandated by the constitution, to perform sovereign tasks as part of the executive branch of government;
  3. to contribute to the discharge of German alliance commitments;
  4. to contribute to Germany's ability as a political player and ally by the provision of adequate military facilities;
  5. to make a contribution to European stability through the maintenance of balance in the field of security, through intensified collaboration with allies and close cooperation with all European partners;
  6. after a clarifying amendment of the Basic Law, to take part in collective operations beyond the confines of the NATO area under the Charter of the United Nations (Chapter VII) when demanded by German interests and German co-responsibility for the preservation of peace, humanity and international security.
With regard to the latter it is the aim of the Federal Government to reach a constitutionally binding and unambiguous decision that allows the Bundeswehr to be used under a mandate from the United Nations or similar organizations.

And now to the question of the integration of the Bundeswehr in society. The legal framework discussed earlier creates the necessary conditions for unrestricted integration. The constitution expressly wants the soldier to be politically active (Article 137 of the Basic Law). He may be, and remain, an active member of a political party. He retains the right to vote and to be elected. In fact about 1 500 soldiers hold political mandates. For a full-time mandate a soldier is released from his military duties.

It is clear that the status of citizen lives on in his role as a citizen in uniform. Drafting recruits to duty stations near home, assignment in civilian-related occupations, and liberal duty, leisure time, leave and furlough arrangements, and quartering-in-barracks regulations underline this political intention. But, is that integration?

Integration must not be confused with legitimisation. In view of the constitutional mission of the armed forces, there can be no doubt of the latter. The broad discussion conducted in the German media in connection with a law suit, prosecuted through several stages of appeal, over whether soldiers may be called potential murderers, does not basically question the legitimacy of armed forces. The comments and letters to the editor, however, do reflect a certain negative attitude on the part of some of our population.

Nor must integration be confused with acceptance. In spite of saying 'yes we need armed forces' many of our citizens have difficulty in reconciling the dramatic changes in the security situation with a large standing army, navy and airforce. The annual draft of roughly 150 000 young men and supporting reserve training for about the same number is, therefore, a matter of some controversy.

Integration does require publicity and transparency. In both areas the armed forces have done a great deal. But, frequently they fall short of explaining and justifying their reason for existence. Yet integration is also evident from the law or visibility of our armed forces in public. Usually, the soldier of the Bundeswehr does not go out in uniform. As such he considers his uniform as service clothing which he discards after duty and not as a dress of honour. Not even on the way to and from work is the uniform worn regularly. Therefore, the Bundeswehr is not as publicly visible as would appear warranted in relation to its size. But to regard this approach as a yardstick of the degree of integration would be wrong.

To summarize this section on integration:

Politicians and the representatives of official institutions say "yes, the Bundeswehr is integrated in society". The majority of soldiers in the Bundeswehr feel integrated. But many of its members feel tolerated by the public, without much real appreciation or national enthusiasm, just like the police or fire department. The long period of peace in Central Europe and the dissolution of the Warsaw Pact, without a shot having been fired, has blinded the public to the fact that the military profession is not a profession like any other but involves a risk to life and limb. The soldiers of the Bundeswehr do not ask to be loved, but because of their special service for society want to be respected and not just 'suffered'. Such respect, it would appear, is the case in countries such as Switzerland, Israel, Norway and Finland.

Ultimately the matter of integration of armed forces in society is of great importance.

This last section will deal with the question of how legal, political and societal conditions and requirements are translated in practice during training and service in the armed forces and what principles apply for leadership and education of leaders and the led.

These conditions, and the mission of the Bundeswehr, require the transformation of young citizens, who have grown up in a predominantly hedonistic environment and are primarily responsible only for themselves, into soldiers. Moreover, such soldiers should feel responsible in a free democratic order, and respect the system of values expressed in the constitution. They should fit into the community of soldiers and master their weapon systems. In other words the citizens must become soldiers who are able to fight and are willing to fight. As such they serve under the leadership of noncommissioned officers who, being only slightly older than themselves, have an advantage of only a few additional months of service experience. Their officers, after about two years of service with troops, have studied for up to four years at a University of the Bundeswehr, from where they have graduated with a diploma, fully recognized in the civilian sector, and who regard their 12 years of obligation - if they do not plan to become permanent-career officers - as a period of transition into a civilian career.

These tensions between legal obligations, personal wishes and military efficiency have been overcome with remarkable success, since the creation of the Bundeswehr in 1956, by the concept of "Innere Führung", sometimes translated as leadership and civic education or moral leadership. This term eludes a brief definition and needs to be explained. It embodies the basic concept of:
  • The internal order of the Bundeswehr; and
  • The integration of the armed forces in the state and society
Internally, the nature and forms of leadership must be determined by the dignity of the individual as the basis of the constitutional order. The current state of political and social affairs in the Federal Republic of Germany, as well as the results of change in the military-technological field, have to be taken into account. But modern leadership also means that the conditions of everyday military life as determined by organization, principles of personnel management and by infrastructure, respect the individual as an independent, responsible being.

Externally, the armed forces as a whole and their individual members have to fit into the order of state and society. They have to consider themselves as an integral part of society and be seen in that way by others. This aspect takes account of the concern that the armed forces might develop into an independent power in their own right and become a 'state within a state'; a danger latent in any armed force.

Put more briefly, based on enduring principles of modern leadership and adult education, Innere Führung is a constantly evolving leadership philosophy that harmonizes military requirements and constraints with the rights of the individual and the development in the state and society. In other words, Innere Führung aims at reconciling the difference between citizen and soldier with the concept of the 'citizen in uniform' and balancing the tension between the individual's rights of liberty and the requirements of the armed forces based on the principle of order and obedience.

What Innere Führung specifically means and seeks to achieve in everyday military life is laid down in a number of laws, directives and service regulations.

With the concept of Innere Führung, a comprehensive system has been created for the German armed forces. As a principle of leadership it shapes command and control, training and education at all levels and in all segments of the armed forces, in peace and in war. It is a constituent part of service as a whole, determines the culture of the armed forces and, hence, the interpersonal relations, and applies to all service personnel in each and every situation. As a principle of leadership, Innere Führung particularly determines the way leadership is practiced by superiors. It is the duty of a superior to set an example in the accomplishment of his mission and in his devotion to the needs of his subordinates.

And last but not least Innere Führung is an area of training, because it can be taught and learned as part of the comprehensive task of leadership. In leadership and troop training the foundations of the concept of Innere Führung are imparted and the conditions created for the concept be implemented in everyday military life.

The practical application of Innere Führung occurs in different areas.
  1. Leadership in peacetime and war - It is based on the example set by the military superior and his credibility, and takes account of legal, social and educational conditions.
  2. Military order and military law - It establishes the legal framework for military leadership and forms the foundation for the demands made on the individual's devotion to duty, discipline, and willingness to perform.
  3. Political education - It imparts knowledge, explains situations and enables the development of judgment in keeping with the model of the citizen in uniform.
  4. Care and welfare - A fair balance is sought for the soldier between the needs of the military mission and his legitimate personal interests.
  5. Conditions of service and training - Training as a peacetime priority task must be realistic. Leadership and training methods must fit the life and career experience of the soldier and correspond to the principles of adult education. A superior is expected to display exemplary conduct and ability, be present personally and show a willingness to explain things, just as he should share privations with his subordinates in training.
These areas of application are closely related and complement each other. Innere Führung is active in a comprehensive sense in every kind of military leadership activity.

To be equal to these tasks, the concept of Innere Führung must be constantly adapted to the developments in society and the state and the requirements of the armed forces. To that end it is necessary to identify, analyze, evaluate and translate into action the societal, political, social, technological, scientific and military developments that are taking place.

The concept is so designed as to be timeless. As such the specific forms it takes in the various fields of application are subject to a continuous process of evolution.

Finally, a few remarks on training.

German citizens as well as its allies expect the Bundeswehr and its soldiers to prepare for the tasks that originate from the Basic Law applicable to the armed forces. Therefore, a directive by the Chief of Staff of the Bundeswehr reads:
    The operational readiness of the Bundeswehr requires that training be the foremost task of the armed forces in peacetime.
Training incorporates development and education.

Training in the armed forces aims to enhance the character and the mental and physical capabilities of the soldier and to impart to him the knowledge and skills he needs to carry out his mission reliably whilst withstanding the stresses and strains of war.

The basic idea is that active soldiers, above all the regular soldiers and the temporary soldiers should (in the Army they account for some 50 percent, in the Air Force for some 70 percent and in the Navy for some 80 percent of all military personnel):
  • train the conscripts for the functions they are to perform during basic military service and later as reservists;
  • maintain or improve the proficiency of recalled reservists;
  • create the organizational conditions for the training of the cadres who are needed for the smooth augmentation of units upon mobilization; and
  • guarantee the reaction capability of the armed forces against surprise attack.
The high degree of mechanization and specialization in the armed forces requires leaders and specialists to receive varied, comprehensive and highly qualified training.

Our conscripts' and reservists' civilian vocational knowledge, capabilities and skills help us to save training costs and training time. Giving them military assignments related closely to their civilian occupations increases their motivation and challenges them to perform well.

The fact that a high proportion of the contents of military training courses are adaptable to a civilian environment is not the least of the reasons why the armed forces remain attractive as a choice of occupation for young men, compared to the private sector and the civil service. To this end, the training system of the Bundeswehr is closely linked with the education and training system of the Federal Republic of Germany.

The Legal Status of Military Personnel Act requires that, in addition to military specialist training, all soldiers receive instruction in civics and international law. The objective is to strengthen the soldier's awareness of the law and make him realize his position as a soldier in the state and society. This naturally includes instructing him about his rights and duties in the military. Civic instruction or political education imparts to the soldier of the Bundeswehr the values and standards of the free democratic basic order, those of Innere Führung, and his many rights as a soldier, for instance the right to instruction on participation in the armed forces, the right to lodge complaints and the possibility of appeal to the Parliamentary Commissioner for the Bundeswehr. This instruction and its application in the service help the soldiers as citizens in uniform to recognize the reason and necessity of their service for peace, freedom and the law, to experience it daily and to practice it together with their fellow soldiers.

This instruction in the 'what for' of their service enables our servicemen to compare our system of state and government with the systems of other countries, thus precluding hatred of other peoples, nations or classes.

The foundation for the military service of all soldiers, including officers and non-commissioned officers, is laid by general basic training of up to 6 months' duration. In this phase of training, the young people come into contact with the armed forces for the first time, thus often experiencing a drastic change in their social environment, such as life in communal quarters, the regimentation of bedtime and wake-up time, personal hygiene, meals, order and discipline. Therefore it is important that unaccustomed requirements, such as discipline, hardships, comradeship and the imparting of basic skills are prepared and presented in a methodical, effective manner and in such a way that their meaning is clear.

Privates receive, as a rule, subsequent to general basic training, special basic training for the function in which they will be employed. This is followed by collective training in their parent companies and battalions/regiments, corresponding to the operational missions of these units.

Officer and non-commissioned officer training aims at developing the qualification for promotion, that is to say for leader, instructor and educator.

Special features of the training of leaders in the Bundeswehr are the Universities of the Bundeswehr and the sponsoring of non-commissioned officers to become journeyman and masters of their various trades. These qualifications are recognized in the civilian employment system. For these two categories of personnel, the end of their term of obligatory service does not mean unemployment or retirement but the beginning of a new - civilian - career.

To this end the Bundeswehr maintains two universities, one in Hamburg and the other in Munich. Currently, these universities offer a broad spectrum of courses of study in civilian disciplines of the sciences and humanities.

The Universities of the Bundeswehr are subject to the civilian-university law of the Federation and Länder and to their supervision. The professors and lecturers are all civilians. The academic degrees and diplomas correspond in every respect to those of the civilian universities in Germany. This kind of militarily sponsored academic training is unique among nations.

In similar and comparable fashion, non-commissioned officers, too, acquire attractive vocational qualifications as journeymen or masters - sometimes technicians - of their respective trades.

Thus, recognizing that the integration of the training system of the Bundeswehr with the social and technological developments of our country is an essential condition for recruiting the necessary young people, the armed forces have in past years developed an ever more tightly knit network of vocational training and further training as part of the military occupational specialty training.

Problematic, however, is the group of the 'fighters', most particularly members of the infantry, armour and artillery.

The civilian-occupational portions of a military occupational specialty education are imparted both in the armed forces themselves (Air Force and Navy) and in civilian training facilities and private firms (Army).

On the one hand the mixed military/civilian system of training uses civilian qualifications - where they exist - as entry requirements on which to build or on which to improve or supplement military training. On the other, civilian-vocational basic qualifications are imparted to begin with, or existing ones are developed further.

An inter-service concept is scheduled to be completed during this year.

Even in the changed security environment exercises continue to be indispensable. They are the most demanding and complex form of military training, setting a broad spectrum of objectives for all soldiers. Live exercises at platoon and company level are the rule. Exercises of large formations should not be totally dispensed with, as their value, in addition to their training effect, lies in demonstrating the presence and defence readiness of the armed forces. The conduct of exercises must, however, comply with environmental protection requirements and the agreements achieved in arms control negotiations.

SUMMARY

Training and service in the Bundeswehr for the prevention of wars and for defence are performed in accordance with NATO standards in conformance with constantly updated regulations that are based on precepts of our defence constitution. The translation of these regulations into actual training is done by responsible superiors who are accountable to parliamentary democracy and the public.

CONCLUSION

This paper describes the path chosen by Germany in integrating its armed forces and establishing their internal order. That path has many things in common with the solutions other states in the free world have adopted to control armed power.

The constitutional integration of the Bundeswehr in the executive branch of government and the unrestricted claim of every serviceman to the benefits and rights conferred by our liberal and democratic basic order have proved to be the correct decision for no less than 36 years. The concept of Innere Führung has stood the test even during the fundamental political changes in Europe. It ensures each individual soldier virtually all the civil rights and liberties and creates at the same time the basis needed by the armed forces for fulfilling their constitutional mission.

In view of Germany's unification a year ago and the associated build-up of an all-German force, the concept of Innere Führung has been impressively instrumental in conveying the basic ideas and values of democracy to that part of Germany which until then had been communist. The concept has been presented to officers and representatives from a whole number of foreign armies in recent years, and many have undergone training in aspects of it at German military institutions. The Bundeswehr has promoted the understanding of democracy in the Federal Republic of Germany and also allowed life in a democratic state to be experienced in the armed forces. Nevertheless, the ideas behind the concept of Innere Führung are only one way of resolving the tensions that exist between democracy, armed forces and society. Other ways are conceivable as well.

The crucial aspect are the people who bear responsibility in the armed forces. They are primarily the non-commissioned officers and the officers up to company commander level. They determine the impression which the young conscript forms of the institution that demands of him the performance of a very personal civic duty. A duty that occupies several months of his life. Therefore, it is of crucial importance that these leaders be selected, trained and educated carefully. The more senior officers and non-commissioned officers can only readjust, correct and newly motivate through helpful supervision in an effort to tie the conscripts to the armed forces, and subsequently, to perform as willing reservists.
  1. The following courses of study are offered by the Bundeswehr universitites:
    • Economic and organisational sciences
    • Economics and business administration
    • Pedagogic
    • Political and social sciences
    • History
    • Political science
    • Mechanical engineering
    • Electrical engineering
    • Information science
    • Aeronautical and space engineering
    • Economic engineering
    • Geodesy
    • Civil engineering
    • Sports science