reform may be difficult to effect and may promote a national debate on the state’s place within the international community. 49 Box 6.1 The German Constitution49 The tasks and powers of the German armed forces are defined in the Constitution (Basic Law) of the Federal Republic of Germany: territorial and alliance defence against an attack with military means (Art. 87.a, Basic Law). Once a state of defence (Art. 115, Basic Law) or a state of tension (Art. 80.a, Basic Law) has been determined by the Bundestag, the domestic tasks of the armed forces will be extended (Art. 87.a (3), Basic Law): they will then have the additional power to protect civilian property against attacks of non-combatant provocateurs and to discharge functions of traffic control as necessary to fulfil their actual defence tasks. Due to a 1968 amendment to the Basic Law in case of an “internal emergency” the armed forces may — upon a decision of the Federal Government — also be deployed to support the police and the Federal Border Police in protecting civilian property and combating organized and militarily armed insurgents (Art. 87.a.4 and Art. 91, Basic Law). Finally, based on a decision of the Federal Constitutional Court of 1994 (BVerfGE 90, p. 286) armed forces may participate in international peace missions to the extent that these are implemented within the framework and according to the rules of a system of mutual collective security (United Nations, NATO) (Art. 24.2, Basic Law). The Basic Law obliges the Federal Government to obtain the prior consent of the Bundestag for any such participation. Upon the request of one of the German states (Art. 35.2, Basic Law), the armed forces may also be deployed for internal relief operations in the event of a natural disaster or an especially serious accident. Reference may be made, as in the case of the Hungarian Constitution, to international obligations. A principle of neutrality for the armed forces may be explicit, as in the case of the Austrian Constitution. Some constitutions (such as those of Denmark and Ireland — see below) do not limit the specific tasks that may be undertaken but instead apply a negative restriction, that of parliamentary approval before the use of armed force against any foreign state. A prohibition on aggression may be contained in the constitution. Reference to international peace-keeping is made in the Netherlands’ Constitution. Box 6.2 Examples of Constitutional Provisions Spain: Art. 8.1 (Armed Forces) (1) The Armed Forces, constituting the Army, the Navy, and the Air Force, have as their mission the guarantee of the sovereignty and independence of Spain, the defence of its territorial integrity and the constitutional order. Romania: Art. 117 (Armed Forces, Police) (1) The Armed Forces shall be exclusively subordinated to the will of the people, to guarantee the sovereignty, independence, and unity of the state, the country’s territorial integrity, and constitutional democracy. Hungary: Art. 40A (Duty) (1) The fundamental duty of the armed forces (Hungarian Army, Border Guard) is the military defence of the country and participation in collective defence duties under an international treaty. Austria: Art. 9a (Defence, Military Service) (1) Austria subscribes to universal national defence. Its task is to preserve the federal territory’s outside independence, as well as its inviolability and its unity, especially as regards the maintenance and defence of permanent neutrality. Also in this regard, the constitutional establishments and their capacity to function, as well as the democratic freedoms of residents, must be safeguarded and defended against acts of external armed attack. 49  German response to the 2004 Information Exchange on the OSCE Code of Conduct on Politico-Military Aspects of Security. For an explanation of the OSCE Code of Conduct on Politico-Military Aspects of Security, see Chapter 4. 44 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel