Behind closed doors, the German government is slowly but surely changing the rules for combat on Afghanistan, allowing its forces to take a more offensive approach. At the same time, German popular support for the "war" that no one wants to a call war continues to decline...
On April 8, nobody even noticed when a few words -- important words --were deleted from a NATO document. One of the deleted phrases was: "The use of lethal force is prohibited unless an attack is taking place or is imminent."
On March 3, 2006, the Germans had this sentence added to the NATO operations plan for Afghanistan as a "national clarification" or caveat. Bundeswehr soldiers were only to shoot in self defense. And there were further explanations in bylaws 421 to 424 as well as in rule 429 A and B. For instance, Germans were not to refer to their actions using the word "attack." Instead they would talk about the "use of appropriate force."
Changing the Rules So Quietly It's Almost Secretive
None of this applies anymore. Major General Erhard Bühler, director of Joint Commitments Staff, had spent a long time working to have these phrases removed. In April, Bühler finally managed to secure Defense Minister Franz Josef Jung's approval.
This was done so quietly as to appear almost secretive. Not even the German parliament's defense committee was informed of this small but significant change. When Werner Hoyer, a politician with the business-friendly, liberal Free Democratic Party (FDP), heard of the changes last Friday, his first reaction was to ask why parliament had not been made aware of the changes -- especially before voting on a resolution to approve the deployment of German military personnel in the NATO AWACS mission in Afghanistan.
Niels Annen, a member of parliament for the center-left Social Democratic Party (SPD), voiced his irritation over the Bundeswehr's secretive handling of the case. "The way this was done raises questions," Annen said -- even though, he added, he had no fundamental objections to the adjustments. Fellow member of parliament Eckart von Klaeden, with the conservative Christian Democrats, said that, generally, he welcomed the change even though he had only just heard about it. It makes sense to "make the rules of engagement conform to military requirements and to the mission's goals," he said.
This policy is now outlined on the pocket-sized reference card of combat guidelines that German soldiers carry with them [emphasis added]. The Bundeswehr calls it "a structural adjustment;" the Defense Ministry's legal department is considering swapping Chapters II and III on the pocket card around. This means that the chapter, "Use of Military Force to Complete a Mission" would be placed ahead of the chapter, "Use of Military Force in Self-Defense" -- which, one assumes, would mean that the former becomes more important. Additionally, to avoid future misunderstandings, examples will be included to illustrate to soldiers when they are permitted to use lethal force...
Combat has become routine for German soldiers stationed in Kunduz [emphasis added]. After returning to the camp, the men mentioned their "TICs," or "troops in contact" (military jargon for enemy contact) almost casually. For them, requesting American "Reaper" drones to fire at booby traps is just common practice now...
Anyway, clearly not all the soldiers are unnerved by the finer legal details of combat. On May 7, in view of a German convoy, a number of Afghan fighters jumped off their motorcycles and went into combat position. But before they could fire their rockets and assault rifles, the Bundeswehr troops opened fire on them, killing at least two.
"What happened afterwards gave the troops a sense of security," said Klein. Instead of launching an investigation, as would have been the case in the past, the public prosecutor's office in Potsdam, near Berlin, concluded that the soldiers had acted in self-defense. Klein and his men see this as setting a precedent. "Soldiers need courage in the field, what they certainly don't need is fear of a public prosecutor," noted one officer...