Germany
Germany does not have detailed terrorism legislation. Most offences are dealt with under the ordinary criminal law, although certain offences, such as terrorist financing, have been specifically proscribed in the Criminal Code.
The Definition of Terrorism in Domestic Law
Although acts of terrorism are neither generally proscribed nor defined, specific offences of financing terrorism and forming terrorist organisations exist under the Criminal Code.
Section 89c of the Criminal Code prohibits the financing of terrorism, which concerns a predicate offence that
is intended to seriously intimidate the population, to unlawfully coerce an authority or an international organisation by force or threat of force or to destroy or significantly impair the fundamental political, constitutional, economic or social structures of a state or of an international organisation and which, given the nature or consequences of such offences, can seriously damage a state or an international organisation.Section 89c(1), Criminal Code of Germany.
Adherence to Global and Regional Terrorism Treaties
Germany is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
In a declaration pertaining to the 1973 Convention, Germany stated its view that the declarations of Burundi and Malaysia were incompatible with their respective obligations under the Convention. In a declaration pertaining to the 1997 Convention, Germany stated its view that the declaration of Pakistan was similarly a prohibited reservation. In a declaration pertaining to the 1999 Convention, Germany stated its view that the declarations of Belgium and Jordan were similarly prohibited.
Germany is also a State Party to the main regional treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | State Party |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
Laws and Penalties for Terrorist Offences
Criminal offences do not generally attract an additional penalty if they are committed for terrorist motives. Terrorist financing is punishable with imprisonment for between six months and ten years.Section 89c(1), Criminal Code of Germany.
Counterterrorism Capacities and Policies at Domestic Level
Germany has dedicated counterterrorism units in its federal police. The Constitution of Germany stipulates that protection will by the Federal Criminal Police Office against the dangers of international terrorism when a threat transcends the boundary of one Land (administrative region). A Federal Criminal Powers Act gives additional powers to the security forces to investigate international terrorism.
On 7 December 2022, 25 members of a far-right terrorist group were arrested for allegedly planning a coup d'état in Germany. The group, called the "Patriotic Union", is a domestic extremist movement. Prosecutors said the group was inspired by deep State conspiracy theories. Members of the Reichsbuerger do not recognise modern-day Germany and its borders as a legitimate State. Some are devoted to the old German Reich under a monarchy, with some also sharing Nazi ideas and believing Germany is under military occupation.
Glossary
Twitter