Command and obedience in the Bundeswehr
Encyclopedia
The principle of command and obedience in the Bundeswehr
, along with the concept of "citizens in uniform" , was central to the 1953 idea of "leadership development and civic education" (official translation of ). The revised definition of military orders and obedience
, as well as superior
-subordinate relations by the former "Amt Blank" (Blank Agency, predecessor of the Federal Ministry of Defense
), was a 1950s result of Nazi German
excesses. Central aims were the reduction of power to command by superiors and a shared responsibility for obedience by subordinates.
An instruction might be a military order, if a soldier was a defined military superior by the Ministerial Directive Governing Superior-Subordinate Relations . If an order was given by someone not a military superior, it would be juridically called a "military non-order" (without claim of obedience). Fundamentally, a superior is responsible for his orders and obligated to implement his instructions. He may only give orders concerning official aims and has to prove his orders' legitimacy, purposefulness and adequacy. He is fundamentally responsible for the consequences of his orders. Whenever possible, military orders should include a description of the task and its aim. This is known as Auftragstaktik, and would enable subordinates to act to achieve the order's aim in changed circumstances.
s and does not apply to civilian personnel of the Bundeswehr. Superior-subordinate relations of civilian Bundeswehr members (as well as military-civilian or civilian-military superior-subordinate relations) are defined by other regulations and ordinances. The content of the Vorgesetztenverordnung is one of the first things that recruits are required to learn.
§ 6 VorgV is excluded because a commissioned officer (or NCO) could only declare himself superior if there was no superior to him at the scene.
Although a superior must verify his orders, the recipient must also do so. First he would have to verify whether an instruction was given by a defined military superior according to the Vorgesetztenverordnung. If not, it would not be a military order with claim to obedience. If he executed this "military non-order", he would be responsible for possible consequences. If the instruction is given by a military superior, he must verify its legitimacy. Illegitimacy of orders is decreed if they were not in accordance with official aims, if they were illegal, or if they contravened service regulations or public international law. Not all illegitimate orders are without claim of obedience, so he must prove their obligation as a last step. Unfeasible orders, as well as orders which violate human dignity or are without official aims, need not be executed. Orders involving criminal activities punishable with imprisonment not less than one year (or serious violation of International humanitarian law
) must not be executed. Otherwise, subordinates are guilty of their deeds if their criminal character was obvious to them. Obviously-unavoidable errors may remain unpunished.
, a restriction on the German armed forces. Insubordination is the oral or physical revolt against military orders or the denial (in spite of repetition) of an order, and may be punished with imprisonment up to three years. In case of an initial revolt against a military order, a court could withhold sentencing if the subordinate executed the order voluntarily and in time afterwards. If subordinates avoided executing orders frivolously, they could also be sentenced to imprisonment up to two years in cases of severe consequences.
Bundeswehr
The Bundeswehr consists of the unified armed forces of Germany and their civil administration and procurement authorities...
, along with the concept of "citizens in uniform" , was central to the 1953 idea of "leadership development and civic education" (official translation of ). The revised definition of military orders and obedience
Obedience (human behavior)
In human behavior, obedience is the quality of being obedient, which describes the act of carrying-out commands or being actuated. Obedience differs from compliance, which is behavior influenced by peers, and from conformity, which is behavior intended to match that of the majority. Obedience can...
, as well as superior
Superior (hierarchy)
In a hierarchy or tree structure of any kind, a superior is an individual or position at a higher level in the hierarchy than another , and thus closer to the apex. It is often used in business terminology to refer to people who are supervisors and in the military to people who are higher in the...
-subordinate relations by the former "Amt Blank" (Blank Agency, predecessor of the Federal Ministry of Defense
Federal Ministry of Defence (Germany)
The Federal Ministry of Defence is a top-level federal agency, headed by the Federal Minister of Defence as a member of the Cabinet of Germany...
), was a 1950s result of Nazi German
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
excesses. Central aims were the reduction of power to command by superiors and a shared responsibility for obedience by subordinates.
Military orders
A military order is defined in § 2 (2) of the German military penal law as an:- instruction for a defined behavior (Anweisung zu einem bestimmten Verhalten)
- given by a military superior to his subordinate
- in written, oral or other form (for example, signals or signs)
- generally, or in a single case
- with claim of obedience (Anspruch auf Gehorsam).
An instruction might be a military order, if a soldier was a defined military superior by the Ministerial Directive Governing Superior-Subordinate Relations . If an order was given by someone not a military superior, it would be juridically called a "military non-order" (without claim of obedience). Fundamentally, a superior is responsible for his orders and obligated to implement his instructions. He may only give orders concerning official aims and has to prove his orders' legitimacy, purposefulness and adequacy. He is fundamentally responsible for the consequences of his orders. Whenever possible, military orders should include a description of the task and its aim. This is known as Auftragstaktik, and would enable subordinates to act to achieve the order's aim in changed circumstances.
Superior-subordinate relations
The command relationships in the Bundeswehr are defined in the Ministerial Directive Governing Superior-Subordinate Relations (official translation of , abbreviated Vorgesetztenverordnung (VorgV)). These service regulations were decreed March 19, 1956, shortly before the first soldiers joined the newly-founded Bundeswehr, and went into effect June 7, 1956. They were modified by decree October 7, 1981. The Vorgesetztenverordnung applies only to Bundeswehr soldierSoldier
A soldier is a member of the land component of national armed forces; whereas a soldier hired for service in a foreign army would be termed a mercenary...
s and does not apply to civilian personnel of the Bundeswehr. Superior-subordinate relations of civilian Bundeswehr members (as well as military-civilian or civilian-military superior-subordinate relations) are defined by other regulations and ordinances. The content of the Vorgesetztenverordnung is one of the first things that recruits are required to learn.
Superior positions
§§ 1-3 VorgV concern the assignment of a superior. It is possible for a soldier to be superior to another in several ways. The following types of superiors are defined:| Who? | Whom? | | When? | What? | Remarks |
|---|---|---|---|---|
| § 1 Immediate superior | ||||
| Leader of a military unit (platoons, companies, battalions, divisions and so forth) | Soldiers of his unit | Superior: always Subordinate: always |
Everything the general order authorization will include | Immediate superiors are urged not to interfere in professional affairs (see § 2 VorgV) |
| Example: group leader -> soldiers of his group |
||||
| § 2 Professional superior | ||||
| Assignment holder, who is responsible for the professional service of a unit/office | For professional-service subordinate soldiers | Superior: on duty Subordinate: on duty |
Only for professional purposes | These assignments are only defined for the medical service, geographic information service (MILGEO) and military music service. Usually, the professional leader in a military unit/office is not the same as the immediate superior (§ 1 VorgV) of it. |
| Example: Admiralarzt der Marine German Navy The German Navy is the navy of Germany and is part of the unified Bundeswehr .The German Navy traces its roots back to the Imperial Fleet of the revolutionary era of 1848 – 52 and more directly to the Prussian Navy, which later evolved into the Northern German Federal Navy... (admiral surgeon of the navy) -> Military physicians and medical soldiers of the navy, concerning medical affairs |
||||
| § 3 Superior due to a special assignment | ||||
| Holder of a special defined assignment or function | Service-regulated or instruction-defined subordinate soldiers | Superior: on duty Subordinate: always |
Everything necessary for task fulfillment | Such assignments or functions (which are associated with special task responsibilities) are defined in general service regulations or special working instructions. In some cases, it might be possible that a lower rank is defined as superior to a higher rank. |
| Examples:
|
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| § 4 Superior due to rank (or rank class/group) | ||||
| see also: German Army rank insignia | ||||
| § 4 (1) In companies of equivalents, as well as internal vessel crews | ||||
| Officer ranks (OF-1 - OF-9 Ranks and insignia of NATO Ranks and insignia of NATO are combined military insignia used by the member countries of the North Atlantic Treaty Organization.The rank scale is used for specifying posts within NATO.-Definitions:... ) |
NCO or private ranks (OR-1 - OR-9) | companies: Superior: on duty Subordinate: on duty vessels: Superior (when also § 1 superior & crew member): always Superior (crew and non-crew members): always |
Everything the general order authorization includes | |
| Unteroffizier mit Portepee Lanyard A lanyard is a rope or cord exclusively worn around the neck or wrist to carry something. Usually it is used where there is a risk of losing the object or to ensure it is visible at all times. Aboard a ship, it may refer to a piece of rigging used to secure objects... (sergeant Sergeant Sergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent.... ranks, NCO OR-6 - OR-9) |
Unteroffizier ohne Portepee and private ranks(OR-1 - OR-5) | |||
| Unteroffizier ohne Portepee ranks (OR-5) | Private ranks (OR-1 - OR-4) | |||
| § 4 (2) In staffs and other units (differs from § 4 (1) VorgV) | ||||
| Officer ranks (OF-1 - OF-9) | NCO or private ranks (OR-1 - OR-9) | Superior: on duty Subordinate: on duty |
Everything the general order authorization includes | May be reduced to parts of his unit/office by a disciplinary superior of a battalion or higher |
| § 4 (3) Internal (enclosed military facilities) | ||||
| Officer ranks (OF-1 - OF-9) | NCO and private ranks (OR-1 - OR-9) | Superior: always Subordinate: always |
Everything the general order authorization includes | "Enclosed military facilities" are barracks, office buildings and so on, posted with Militärischer Sicherheitsbereich (military security area) signs (not open-air training areas and so on). |
| NCO ranks (OR-5 - OR-9) | Private ranks (OR-1 - OR-4) | |||
| § 5 Superior due to special order | ||||
| Superior ordered by a higher superior, who is allowed to subordinate other soldiers to him | Subordinate soldiers | Superior: on duty Subordinate: on duty |
Everything necessary to fulfill the task | For the task, subordinate soldiers must be officially informed of the subordinate relationship. If essential, it might be possible to make a lower rank superior to a higher rank to fulfill a task. |
| Examples: |
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| § 6 Superior due to own declaration | ||||
| Officer/NCO self-declared to superior | Present soldiers | Defined case must be given Superior: always Subordinate: always |
All essential to clear the situation | Self-declaration to superior of an officer/NCO is only possible if:
|
Contradictory orders
If a subordinate receives an order contrary to an already-received order (or one which defers substantially the achievement of its aim), he must inform the superior who gave the second order of this. On the basis of this knowledge, the second superior would have (due to his order) responsibility to verify the given order and decide whether or not the subordinate had to obey his order (instead of the first received order). The subordinate must obey the last given order, if the second one is not canceled; this is necessary because the second superior may have new information about a changed situation. If a subordinate has not been able to execute the first order (or to attain the expected aim) because of the second order, he must inform the first superior as soon as possible. The subordinate is immune from punishment by him, because the second superior is responsible for his order.Prioritization (in opposing superior relationships)
It may be possible for two soldiers to be superior to each other due to differing paragraphs of the Vorgesetztenverordnung. For such situations the following prioritization of relationship importance is defined:| Superior by § 5 VorgV > § 3 VorgV > § 1 VorgV > § 2 VorgV > § 4 VorgV |
§ 6 VorgV is excluded because a commissioned officer (or NCO) could only declare himself superior if there was no superior to him at the scene.
Duty of obedience
Above all, subordinates must obey their superiors and must inform superiors of non-executed orders or unreached aims. Subordinates must execute military orders:- with their best effort
- completely and
- immediately.
Although a superior must verify his orders, the recipient must also do so. First he would have to verify whether an instruction was given by a defined military superior according to the Vorgesetztenverordnung. If not, it would not be a military order with claim to obedience. If he executed this "military non-order", he would be responsible for possible consequences. If the instruction is given by a military superior, he must verify its legitimacy. Illegitimacy of orders is decreed if they were not in accordance with official aims, if they were illegal, or if they contravened service regulations or public international law. Not all illegitimate orders are without claim of obedience, so he must prove their obligation as a last step. Unfeasible orders, as well as orders which violate human dignity or are without official aims, need not be executed. Orders involving criminal activities punishable with imprisonment not less than one year (or serious violation of International humanitarian law
International humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
) must not be executed. Otherwise, subordinates are guilty of their deeds if their criminal character was obvious to them. Obviously-unavoidable errors may remain unpunished.
Penalties for disobedience and insubordination
Punishment for disobedience is regulated in the Wehrstrafgesetz (military penal law). Germany does not have any military courts; civilian courts have jurisdiction over military law. Subordinates who do not execute military orders with claim to obedience may be punished with imprisonment up to three years (in particularly serious cases up to five years), if they acted negligently. "Severe consequences" means aggravated batteryBattery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
, a restriction on the German armed forces. Insubordination is the oral or physical revolt against military orders or the denial (in spite of repetition) of an order, and may be punished with imprisonment up to three years. In case of an initial revolt against a military order, a court could withhold sentencing if the subordinate executed the order voluntarily and in time afterwards. If subordinates avoided executing orders frivolously, they could also be sentenced to imprisonment up to two years in cases of severe consequences.