State Of Defence
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State Of Defence
The state of defence (, ) is the constitutional state of emergency in Germany if the country is "under attack by armed force or imminently threatened with such an attack". Established by a constitutional amendment in 1968 during the Cold War, this state of emergency gives the Federal Government extraordinary powers in wartime. It is laid down in Title Xa of the German Constitution. As of December 2022, Germany has never been in the state of defence. The preliminary stage to a state of defence is a state of tension (Articl80a. It goes hand in hand with raising the military alert level. Declaration According to articlof the German Constitution, the state of defence shall be declared if "the federal territory Federal Republic of Germany] is under attack by armed force or imminently threatened with such an attack". The normal procedure is that, upon request of the Federal Government, the Bundestag determines that the conditions of the state of defence exist. That means that the Bunde ...
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Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from Sovereign state, sovereign countries to Company, companies and unincorporated Club (organization), associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organiza ...
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Bundesgesetzblatt (Germany)
The German ''Bundesgesetzblatt (BGBl.) '' (''Federal Law Gazette'') is a public gazette of the Federal Republic of Germany. It is issued by the Federal Ministry of Justice and Consumer Protection The Federal Ministry of Justice (german: Bundesministerium der Justiz, ), abbreviated BMJ, is a cabinet-level ministry of the Federal Republic of Germany. Under the German federal system, individual States are most responsible for the administr ... and published by Bundesanzeiger Verlagsgesellschaft mbH. It is the main law gazette by the legislative body next to gazettes of the federal ministries such as the Bundessteuerblatt (BStBl.) or the Gemeinsames Ministerialblatt (GMBl.) References Law of Germany Government gazettes Publications established in 1949 {{Germany-newspaper-stub ...
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Railroad Police
Railroad police or railway police are people responsible for the protection of railroad (or railway) properties, facilities, revenue, equipment (train cars and locomotives), and personnel, as well as carried passengers and cargo. Railroad police may also patrol public rail transit systems. Their exact roles differs from country to country. In some countries, railroad police are no different from any other police agency, while in others they are more like security police. Some are given extensive additional authority, while those in other jurisdictions are more restricted. In the United States and Canada, railroad police are employed by the major Class I railroads, as well as some smaller ones. In other countries, this work is typically done by territorial police forces rather than specialized agencies. In the United Kingdom, railways fall under the jurisdiction of the British Transport Police, a national transit police force that is responsible for policing all railways and some p ...
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Bundesgrenzschutz
Bundesgrenzschutz (BGS; en, Federal Border Guard) is the former name of the German ''Bundespolizei'' (Federal Police). Established on 16 March 1951 as a subordinate agency of the Federal Ministry of the Interior, the BGS originally was primarily focused on protecting the West German borders. During their early days, BGS units had military structures, training and equipment. The law enforcement officers legally had military combatant status until 1994. A major part of the early BGS personnel joined the newly founded German Armed Forces (Bundeswehr) in 1956 and thus significantly contributed to West Germany's rearmament. The BGS was renamed to ''Bundespolizei'' on 1 July 2005. The change of name did not have any effect on the legal status or competencies of the agency, but rather reflects its transition to a multi-faceted police agency with control over border, railway and air security. History The newly established Federal Republic of Germany wanted to set up its own federal bor ...
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Expropriations
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the function ...
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Traffic Control Police
A highway patrol, or state patrol is either a police unit created primarily for the purpose of overseeing and enforcing traffic safety compliance on roads and highways, or a detail within an existing local or regional police agency that is primarily concerned with such duties. They are also referred to in many countries as traffic police, although in other countries this term is more commonly used to refer to foot officers on point duty who control traffic at junctions. Functions Duties of highway patrols or traffic police may include the following: ; Accident investigation: Gathering evidence to determine the cause of a roadway accident. ; Commercial vehicle enforcement: Enforcing highway laws related to commercial transport, including weight limits and hazardous materials rules. ; Education: Providing public information, handouts, and displays to encourage safe driving and usage of the roads. ; Emergency response: Securing the scene of a traffic accident by using cones and f ...
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Hitler Oath
The Hitler Oath (German: or Führer Oath)—also referred in English as the Soldier's Oath—refers to the oaths of allegiance sworn by the officers and soldiers of the German Armed Forces and civil servants of Nazi Germany between the years 1934 and 1945. The oath pledged personal loyalty to Adolf Hitler in place of loyalty to the constitution of the country. Historians view the personal oath of the Third Reich as an important psychological element to obey orders for committing war crimes, atrocities, and genocide. During the Nuremberg trials, many German officers unsuccessfully attempted to use the oath as a defense against charges of war crimes and crimes against humanity. Background During the Weimar era, the oath of allegiance, sworn by the Reichswehr, required soldiers to swear loyalty to the Reich Constitution and its lawful institutions. Following Hitler's appointment as Chancellor in 1933, the military oath changed, the troops now swearing loyalty to people and country. ...
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Ceremonial Oath Of The Bundeswehr
There were two types of soldiers serving in the Bundeswehr (Federal Defence Forces): regular units and conscripts. Consequently, there were also two types of oaths. Conscripts recited a pledge, since their service was compulsory and not unconditionally voluntary. Regular soldiers recited an oath in its true sense. Conscripted personnel Conscript's pledge: :''"Ich gelobe, der Bundesrepublik Deutschland treu zu dienen, und das Recht und die Freiheit des deutschen Volkes tapfer zu verteidigen."'' Translation: :''"I pledge to loyally serve the Federal Republic of Germany and to courageously defend the right and the liberty of the German people."''{{cite web , title=Commemorating German resistance fighters , url=https://www.bundesregierung.de/breg-en/news/commemorating-german-resistance-fighters-402858 , website=Bundesregierung: The Federal Government , accessdate=23 October 2020 Conscripts are allowed to decline taking the pledge, but this forfeits any chance of promotion durin ...
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Law Of War
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ...
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Combatant
Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It states that "Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities." Consequently, on the other hand combatants, as a rule, are legal targets themselves for the opposite side regardless the specific circumstances at hand, in other words, they can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support. In addition to having the right to participate in hostilities, combatants have the right to the status of prisoners of war when captured during an international armed conflict. "While all comb ...
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Federal Ministry Of Defence (Germany)
The Federal Ministry of Defence (german: Bundesministerium der Verteidigung, ), abbreviated BMVg, is a top-level federal agency, headed by the Federal Minister of Defence as a member of the Cabinet of Germany. The ministry is headquartered at the Hardthöhe district in Bonn and has a second office in the ''Bendlerblock'' building in Berlin. According to Article 65a of the German Constitution (''Grundgesetz)'', the Federal Minister of Defence is Commander-in-chief of the ''Bundeswehr'', the German armed forces, with around 265,019 active soldiers and civilians. Article 115b decrees that in the state of defence, declared by the Bundestag with consent of the Bundesrat, the command in chief passes to the Chancellor. The ministry currently has approximately 3,730 employees. Of these, 3,230 work in Bonn while around 500 work in the ''Bendlerblock'' building in Berlin. Organization On April 1, 2012, the Federal Ministry of Defence (DEU MOD) changes its organization to the follow ...
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