Revocation of citizenship of foreign military personnel

All information: Loss of German citizenship through joining a foreign military.

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Loss of German citizenship through joining a foreign military
Loss of German passport upon joining foreign armed forces
Defense options in the event of threatened loss of citizenship
Foreign military, statelessness and Union citizenship

Table of Contents

1. Foreign armed forces and German citizenship

2. “Turning away from Germany” and approval

3. Foreign military and volunteering (military service)

4. Foreign military and statelessness

5. FAQ Citizenship and Military

6. Conclusion: Citizenship and the Military

1. Foreign armed forces and German citizenship

According to Section 28 of the German Nationality Act (StAG) , a German citizen who joins a foreign armed forces (or a comparable armed organization) loses their German citizenship . However, this only applies if the German citizen possesses the citizenship of the state whose military they join. Furthermore, membership in the foreign military must be voluntary ; fulfilling compulsory military service is not covered by Section 28 StAG. The rationale behind Section 28 StAG is to prevent a situation where German citizens could become enemies in the event of conflict. Section 28 StAG thus punishes joining a foreign armed forces as an " act of disloyalty ."

However, according to a decree issued by the Federal Ministry of Defense on June 21, 2011 (Federal Gazette No. 98 of July 5, 2011, p. 2379), the loss of German citizenship through joining a foreign military does not apply to joining the following armed forces (see the Federal Ministry of the Interior's application guidelines on the Citizenship Act) :

Member States of the European Union (EU),
Member states of the European Free Trade Association (EFTA),
Member states of the North Atlantic Treaty Organization (NATO) or
Countries on the list of countries according to § 41 para. 1 of the Residence Ordinance (“ Best Friends countries ”)
other states with which a bilateral agreement exists that allows accession

This is entirely consistent given that the aforementioned states are allied states . Service in the military of an allied state cannot be considered an "act of disloyalty".

2. “Turning away from Germany” and approval

The law aims to punish " turning away from Germany " by forfeiting German citizenship through joining a foreign military. Generally, mere formal affiliation with the foreign military is sufficient for this. Accordingly, theoretically, even employment in the military administration or medical service could constitute joining a foreign armed force, leading to the loss of German citizenship. However, this contradicts the purpose of the law. A physician's career should not pursue a military purpose hostile to Germany, but rather primarily an academic and humanistic one. A similar argument is made in legal literature regarding employment in the military administration. However, there is no case law on this matter.

Under no circumstances can it be interpreted as an act of turning away from Germany if, prior to joining foreign armed forces, permission was obtained from the Federal Ministry of Defense or if the agency designated by it has approved the joining foreign armed forces pursuant to Section 8 of the Military Service Act (WPflG) . In these cases, German citizenship is not lost by joining a foreign military (see the wording of Section 28 Paragraph 1 Sentence 1 of the Nationality Act (StAG)). According to general legal understanding, obtaining permission retroactively is also possible (remedy by permission) if the competent authority grants it. This was at least partially the case in the past. However, the authorities have since changed this practice.

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3. Foreign military and volunteering (military service)

For the loss of German citizenship under Section 28 of the Nationality Act (StAG), it remains crucial that the entry into foreign military service is voluntary . If the person concerned is merely performing legally mandated military service in the other country, this voluntary aspect is lacking. In such a case, the entry is not considered a conscious choice to serve a foreign state, but rather the fulfillment of a legal obligation. Therefore, according to Section 8 Paragraph 1 Sentence 2 of the Compulsory Military Service Act (WPflG), even the approval of the Federal Ministry of Defense is not required in these cases.

Voluntariness cannot be inferred from the fact that the person in question performs military service despite possible alternatives – such as alternative service or financial compensation. German law assumes that the laws of other states must also be respected if they establish compulsory military service. Likewise, the personal convictions or motives behind someone's refusal or performance of service are irrelevant. The sole determining factor is whether entry into military service is based on a free, independent decision or merely serves to fulfill a legal obligation.

4. Foreign military and statelessness

The loss of German citizenship or passport upon joining the armed forces of a foreign state (§ 28 StAG) does not occur if the person would thereby become stateless . A prerequisite for loss is that the individual holds another citizenship in addition to German citizenship. The decisive factor is the point in time at which the action leading to the loss occurs – namely, joining the foreign armed forces. Furthermore, the loss only applies to individuals of legal age. This is intended to prevent individuals from losing their German citizenship against their will or due to a lack of capacity to understand the implications.

If the loss of German citizenship also results in the loss of EU citizenship , a case-by-case proportionality assessment is mandatory. The European Court of Justice (ECJ) has clarified that such a loss is only permissible under EU law if it is proportionate to the individual circumstances of the person concerned and their family. An automatic loss "by operation of law," as provided for in Section 28 of the German Nationality Act (StAG), without any discretion being exercised or the personal situation being examined, does not meet these requirements. In particular, the impact on private and family life, as stipulated in Articles 7 and 24(2) of the EU Charter of Fundamental Rights , as well as the possibility of regaining the original citizenship (renaturalization of former Germans pursuant to Section 13 StAG ), must be considered. Therefore, in cases where the loss of EU citizenship is also threatened, a careful and case-by-case assessment is essential.

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5. FAQ Citizenship and Military

When does one lose German citizenship by joining a foreign armed forces?

The loss of citizenship occurs according to § 28 StAG if a German citizen voluntarily joins the military of a foreign state whose citizenship he also possesses.

Does this also apply to allied or friendly states (e.g., USA, France, Canada)?

No. Joining the armed forces of states that are members of the EU, NATO, EFTA, or the so-called "best friends" states according to Section 41 of the Residence Ordinance does not lead to the loss of German citizenship. These states are considered allies, which is why service there is not considered disloyal.

What happens if this results in someone becoming stateless or losing their EU status?

A loss of citizenship that would lead to statelessness is inadmissible. If the loss of German citizenship also results in the loss of EU citizenship, a proportionality test must be carried out. The European Court of Justice requires a careful case-by-case assessment, taking into account family and social ties.

How does the revocation of a German passport work administratively?

The loss of German citizenship through joining a foreign military occurs automatically, but must be officially determined. In practice, the passport is confiscated first, and then the determination of loss of citizenship is made. An objection and an appeal against this determination are permissible.

6. Conclusion: Citizenship and the Military

The loss of German citizenship under Section 28 of the German Nationality Act (StAG) is a serious infringement that only occurs under strict conditions. Crucially, enlistment in foreign armed forces must be voluntary, and the individual must also possess the citizenship of the state in question. The legislator understands voluntary service in a foreign military as a conscious renunciation of Germany. This regulation aims to safeguard loyalty to the Federal Republic and prevent Germans from serving in enemy armed forces in the event of conflict. However, important exceptions exist: No loss of citizenship occurs if authorization is granted or if the individual joins the armed forces of an allied state (e.g., a NATO or EU member ). Furthermore, a proportionality assessment is required if the loss of German citizenship would also result in the loss of EU citizenship . In such cases, it must be ensured that the infringement on private and family life is not disproportionate. Those affected should therefore always seek legal advice early on to protect their rights and, if necessary, prevent the loss of their German citizenship.