[A-List] Germany: foreign policy & US

["Michael Keaney" <michael.keaney@xxxxxx>]

Yesterday it was reported that Joschka Fischer had backed the US-led
campaign in Iraq and wished the "coalition" a speedy victory. However, his,
and the Green's, liability to back the US was always a probability. What is
interesting is the silence of Schröder so far on this issue, especially
since he has been adamant about opposition to the war, causing Fischer no
end of distress and anguish. Has Fischer made a pre-emptive strike of his
own, or is he speaking for Schröder? If the former, how will Schröder play
it? With France now reneging, as long expected, and Russia also declaring
support for a coalition victory, it's only the vast majority of Germans
themselves who would be there to support Schröder were he to stay on course.
But his parallel plans to "reform" the German economy and thereby alienate
his political constituency makes his position doubly weak, so it will be
very courageous indeed for him, normally the consummate opportunist, to
stand fast now and oppose this war. But if he does, then, as this article
indicates, he has German law on his side.

-----

High court ruling strengthens chancellor's hand
Awacs deployment in Turkey is constitutional, parliamentary approval
unnecessary
Frankfurter Allgemeine Zeitung Weekly, March 28 2003

Germany's Constitutional Court rejected a petition from the opposition Free
Democrats that would have forced the federal government to seek parliament's
approve for the deployment of German Awacs planes to Turkey. The ruling
strengthened Chancellor Schröder's hand in running foreign policy.

The surveillance planes are in Turkey to protect the fellow NATO member
during the U.S.-led war against Iraq.
But the future of the soldiers flying Awacs planes is still hotly contested
both within the ruling coalition and among opposition leaders.

The court, members of which are appointed by Germany's executive, argued
that the government's foreign policy leeway would be unduly restricted if it
were forced to obtain Bundestag approval for the deployment of Awacs pilots.


There are currently 30 German soldiers manning Awacs surveillance planes. In
addition, Germany has sent 46 Patriot anti-missile batteries to Turkey.

The Constitutional Court also pointed out that the Bundestag parliament had
already indirectly given the government its support, since the SPD/Greens
majority last week rejected an application by the FDP to put this issue up
for parliamentary vote.

"With its decision on the FDP's complaint, the court confirmed that it is
clearly within the government's authority to decide on the deployment of
Awacs soldiers within the context of its alliances," Defense Minister Peter
Struck said in Berlin on Tuesday, referring to Germany's membership in NATO.

The government contends that Awacs soldiers are on a purely defensive
mission. But members of the Greens, the government's junior coalition
partner, have also criticized the Awacs deployment. They argue that the
U.S.-led invasion of Iraq violates international law, making it
unconstitutional for Germany to send troops.

These Green dissenters and some SPD parliamentarians say it is impossible to
make a clear distinction between defensive and other tasks.

The situation would change, however, if Turkey marched into northern Iraq.
Then Turkey would be party to a war of aggression, and Germany would be
forced to recall its Awacs soldiers.

"Patriot anti-missile batteries and Awacs surveillance planes would be
recalled if Turkey attacked Iraq," Defense Minister Struck said early this
week. Foreign Minister Joschka Fischer backed Struck, saying, "If Turkey
becomes a party to war, this would create a new situation that would cause
us to comply with the policy we have been pursuing for months and pull
German soldiers out of the Awacs planes."

It is still unclear whether Turkish soldiers have already crossed the border
into northern Iraq. The Turkish government has denied sending troops, but
has stressed its right to move into Iraqi territory to prevent a flood of
Kurdish refugees from entering Turkey and to control dissident Kurds.