An involvement of the Bundeswehr in a military retaliatory strike for a possible poison gas attack in Syria would violate an opinion of the Scientific Service of the Bundestag against international law and the Basic Law. "As a result, any involvement of the Bundeswehr in repressing the Allies in Syria in the form of 'retaliatory strikes' against poison gas facilities would be contrary to international law and unconstitutional," states the ten-page expertise of the German Press Agency.
On Monday it had become known that the defense ministry is considering a German participation in such a retaliatory strike. Several politicians of the Union, FDP and Greens had shown themselves open for such a commitment. SPD boss Andrea Nahles had given a clear refusal.
In April, after a toxic gas attack in Syria, Germany had not participated in the bombardments of the United States, Great Britain and France on positions of the government troops of President Bashar al-Assad. Even then, the Scientific Service of the Bundestag had classified the operation as contrary to international law. The assessment that such an approach would violate the Basic Law, on the other hand, is new.
The assessment also theoretically influences the involvement of the Bundestag. "The parliamentary mandate of such a Bundeswehr mission would then be unnecessary, since the Bundestag can only mandate foreign missions, which are based on a viable constitutional and international legal basis," said in the expertise. In the opinion of the scientists of the Bundestag, the Federal Government is unlikely to submit such an intervention to Parliament for approval.