Command of the Armed Forces
In peacetime, and in a state of tension, command of the Armed Forces is vested in the Federal Minister of Defence. It is only in a state of defence that the power of command over the Armed Forces is passed to the Federal Chancellor.
According to Article 65a of the Basic Law, the power of command over the Armed Forces is vested in the Federal Minister of Defence. He may issue directives to the Armed Forces in peacetime and in a state of tension and act on his own responsibility. He can thus take decisions on all aspects regarding the Armed Forces, from the deployment of combat troops to the introduction of new weapon systems to the closure of bases.
It is only upon the promulgation of a state of defence that the power of command over the Armed Forces will be passed to the Federal Chancellor, as laid down in Article 115b of the Basic Law. Article 115a also stipulates that the Bundestag (Lower House of Parliament) is responsible for determining such a state of defence. "Any determination that the federal territory is under attack by armed force or imminently threatened with such an attack shall be made by the Bundestag with the consent of the Bundesrat. Such determination shall be made on application of the Federal Government and shall require a two-thirds majority of the votes cast, which shall include at least a majority of the Members of the Bundestag."