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Legal Position of the Police Forces of the Federation and the Laender in Case of Armed Conflict

NCJ Number
89580
Journal
Schriftenreihe der Polizei-Fuehrungsakademie Issue: 4 Dated: (1981) Pages: 334-342
Author(s)
K Ipsen
Date Published
1981
Length
9 pages
Annotation
This article surveys the positive and negative consequences of giving police officers the status of military combatants and describes the policy situation as it exists in West Germany and other West European countries.
Abstract
The discussion refers to legal definitions of 'international conflict' as opposed to 'internal unrest' according to international law. Germany had proposed that the new international law of war endow police forces with a special status distinct from that of combatants during international conflict situations. This position was opposed by countries that already incorporate their police forces partially or totally into the military in times of peace. They include Belgium, Italy, the Netherlands, Greece, Portugal, Norway and Sweden. As a result, the international conference on the law of war held in Geneva, Switerland, in 1977, failed to designate police forces with any special wartime status, leaving the police officers of countries with nonmilitary police with no more more than civilian protection under international law in times of war. The conference left it to the discretion of individual countries with noncombatant police to confer their police with such status upon notification of the other signatory nations. This formulation, however, ignores domestic constitutional barriers that may exist to the militarization of a country's police forces and was therefore opposed by West Germany at the conference. No references are given.