Military Service in Germany: What the Law Says Now

Fiona Macdonald
Jul 28
12 min read

Updated: Aug 10

Germany's approach to military service has changed more in the past two years than in the previous decade. A new law took effect on 1 January 2026, reviving legal obligations for German men that most people assumed were history. This guide sets out the current legal position clearly, explains what has and has not changed, addresses the travel-permission controversy that made headlines in April 2026, and covers the options open to those who do not wish to serve.

A note on scope: the obligations discussed here apply only to German citizens. Foreign nationals living in Germany on any type of residence permit are not subject to the Wehrpflicht in any form. That point is addressed separately below.

The constitutional foundation

Germany has not abolished compulsory military service. It suspended it. The distinction matters legally. Article 12a of the Basic Law (Grundgesetz, GG) has authorised the conscription of German men over 18 since 1956. That constitutional authority remains intact today. [1]

When the Bundeswehr suspended the Wehrpflicht on 1 July 2011 — following a proposal by then-Defence Minister Karl-Theodor zu Guttenberg — the word used in law was ausgesetzt (suspended), not abgeschafft (abolished). The Wehrpflichtgesetz (WPflG), which governs conscription, remained on the books in amended form. The 2026 reform therefore required no constitutional amendment; it built directly on a framework that was always there. [2]

What the 2026 law actually requires

The Wehrdienstmodernisierungsgesetz (WDModG) was passed by the Bundestag on 5 December 2025, cleared by the Bundesrat on 19 December 2025, and entered into force on 1 January 2026. The law amends several existing statutes, principally the WPflG. [3]

The core obligations introduced are:

Mandatory questionnaire (Bereitschaftserklärung). All male German citizens turning 18 — beginning with those born on or after 1 January 2008 — must complete a readiness questionnaire covering health, physical fitness, education and willingness to serve. It is provided online, but § 15a(2) WPflG expressly permits submission in writing as well. Men who fail to respond risk a fine under the Ordnungswidrigkeitengesetz (OWiG), though that exposure arises only after a second, formally served request with a deadline. The Bundeswehr has indicated fines of up to around €250. Women and those of other registered genders may complete the questionnaire voluntarily. [4]
Mandatory medical examination (Musterung). This is the point most often reported incorrectly. The government's bill would have deferred the Musterung provisions until 1 July 2027, but the Verteidigungsausschuss removed that proviso before the law was passed. The Musterung provisions have therefore applied since 1 January 2026, and examinations are already being conducted — roughly 1,500 by June 2026. What survives from the bill, in the explanatory memorandum and in government guidance rather than in the statute, is the plan to extend compulsory examination to full birth cohorts from 1 July 2027, once the Bundeswehr has built the capacity to process them. A pending conscientious objection application does not in itself excuse a man from attending. The one relief that exists runs the other way: under the amended § 13 KDVG, objection applications from men born before 1 January 2010 may be forwarded to the deciding authority without a prior Musterung — a transitional accommodation for cohorts the Bundeswehr has not yet had the capacity to examine, not a general exemption for objectors. [5]
Military service itself remains voluntary for now. The WDModG does not reinstate conscription in the traditional sense. Actual military service continues to depend on voluntary enlistment. Volunteers receive a gross monthly salary of around €2,600, rising to around €2,700 once they commit to the longer track and take on status as a Soldat auf Zeit. [3]
Parliamentary backstop for compulsory service. The new § 2a WPflG reserves to the Bundestag the decision to activate Bedarfswehrpflicht (needs-based conscription), and requires a separate Act to do it. This was tightened during the parliamentary process: the government's draft would have allowed activation by ordinance with the Bundestag's consent, and the committee replaced that with a pure statutory reservation. The executive cannot activate conscription on its own. [4]

Women and military service

Women cannot be compelled to serve in any military role under any circumstances. Article 12a(4) GG provides that women "dürfen auf keinen Fall zum Dienst mit der Waffe verpflichtet werden" — they may under no circumstances be required to perform armed service. This is a constitutional prohibition, not a policy choice, and ordinary legislation cannot override it. [1]

Women who wish to serve may do so voluntarily. The Bundeswehr has been open to female personnel in all roles, including combat positions, since 2001. Voluntary military service is available from age 17 with parental consent. The questionnaire is sent to young women too, but they face no legal obligation to respond.

The travel permission controversy

In early April 2026, a provision in the amended law attracted sudden and widespread public attention. Section 3(2) WPflG requires male German citizens aged 17 to 45 to obtain approval from their assigned Bundeswehr Career Centre before leaving Germany for more than three months. The same requirement applies to extending an already-approved absence, or prolonging a shorter trip beyond the three-month threshold. [6]

The provision was not new in concept — an exit-permission rule already existed in the old WPflG. The critical difference is that under the old law it applied only during a formally declared state of tension or defence (Spannungs- oder Verteidigungsfall) under Articles 80a and 115a GG. What changed in 2026 is that the new § 2(3) WPflG makes § 3 applicable in peacetime, so a dormant provision suddenly bit on several million German men. The Frankfurter Rundschau first reported the implications of the clause on 3 April 2026. [7]

Within days, Defence Minister Boris Pistorius announced that the requirement would not be enforced, telling the dpa news agency on 7–8 April 2026 that in current peacetime conditions there would be no approval procedure at all. [8]

Two points are legally important. First, the statutory text of § 3(2) WPflG has not been repealed. The exemption was implemented by a general administrative order (Allgemeinverfügung) dated 9 April 2026, published in the Bundesanzeiger on 16 April (BAnz AT 16.04.2026 B3) and effective from 17 April. The Bundestag's own Wissenschaftliche Dienste concluded in an opinion of 18 May 2026 that this administrative fix was probably unlawful: the executive cannot suspend the operation of a statute, and granting a blanket exception to almost everyone the rule targets amounts to suspending the rule rather than making a genuine exception to it. [9] Second, the government's stated rationale for the clause — maintaining a record of men potentially available for call-up — makes clear that this is a preparatory instrument for a future in which conscription is reactivated. For now, no enforcement is taking place, and the Allgemeinverfügung can be withdrawn at any time.

Does this apply to non-German citizens?

No. The Wehrpflicht in all its forms — past, present, and any future reactivation — applies only to German citizens within the meaning of the Basic Law. § 1(1) WPflG is explicit on this point. Foreign nationals living in Germany on any residence permit, on EU freedom-of-movement rights, or on any other basis are not subject to the questionnaire, the Musterung, or the travel permission requirement, regardless of how long they have lived in Germany or the type of permit they hold.

One point matters for those considering naturalisation: acquiring German citizenship brings a person within the scope of Art. 12a GG and the WPflG. Men of military age who naturalise become subject to the mandatory questionnaire and medical examination if they fall within the relevant birth cohorts — currently those born on or after 1 January 2008. § 1(2) and (3) WPflG contain residence-linked qualifications that can change the position for Germans whose permanent residence is outside Germany, so the analysis is not automatic. For men in the relevant age group, it is a factor worth weighing before applying.

Dual nationals

The 2026 law explicitly addresses men who hold a second citizenship alongside their German one. Dual nationality does not create an exemption. The mandatory readiness questionnaire requires disclosure of all nationalities held. The government notes that certain combinations may raise security considerations or signal competing military obligations in another state. [4]

Germany's 2024 citizenship reform, which now permits dual or multi-nationality as a general rule, has significantly expanded the pool of affected men. Federal Statistical Office census data show that roughly one in six German men born in 2008 already holds a second citizenship. Men who permanently live abroad and have established their livelihood outside Germany are exempt from the travel-permission requirement, though this exemption is narrow and fact-specific.

Conscientious objection (Kriegsdienstverweigerung)

The right to refuse military service on grounds of conscience is guaranteed by Article 4(3) of the Basic Law: "No person shall be compelled against his conscience to render war service involving the use of arms." Unlike most fundamental rights, this guarantee is absolute — it cannot be restricted even to protect national defence interests. The state may examine whether a genuine conscientious objection exists, but it cannot remove the right itself. [10]

The procedure is governed by the Kriegsdienstverweigerungsgesetz (KDVG). A man who objects must submit a written application to the Bundesamt für das Personalmanagement der Bundeswehr (BAPersBw). The BAPersBw forwards complete applications to the Bundesamt für Familie und zivilgesellschaftliche Aufgaben (BAFzA), which decides on recognition. [11]

A complete application must include a covering letter expressly invoking the right under Art. 4(3) GG, a full curriculum vitae, a copy of the applicant's identity document, and — critically — a detailed, personal, individually written statement explaining why participation in armed conflict would constitute an insoluble conflict of conscience. Formulaic or template-based statements are rejected. The burden of proof lies with the applicant to show that the objection is genuine. [11]

A recognised conscientious objector receives a formal recognition notice (Anerkennungsbescheid). This recognition remains valid even in a state of tension or defence — it does not lapse if conscription is reactivated. The BAFzA has confirmed this position. [11]

Application numbers have risen sharply. There were 2,998 applications in the whole of 2024 and 3,867 in 2025. In the first quarter of 2026 alone there were 2,656, and by 30 June 2026 the figure for the year had reached 5,862 — the first half of 2026 alone exceeding the total for 2011, the year conscription was suspended. The BAFzA is also seeing an increase in rejected applications, mainly for formal deficiencies such as missing documents. [10]

Medical exemption and other grounds for non-service

Apart from conscientious objection, the WPflG provides several other grounds on which a man may not be called up for service, even if conscription is reactivated:

Medical unfitness (Ausmusterung). If the Musterung establishes that a man is physically or mentally unfit for service, he is exempted from both military service and any civilian alternative service. This exemption requires no application — it follows automatically from the medical assessment.
Family hardship. The WPflG allows deferral or exemption where military service would impose particular hardship on a family, for example where the conscript is the sole carer for a dependant. The details are determined case by case by the competent Karrierecenter.
Prior family service. Historically, exemptions applied where two siblings had already served. These provisions remain in the WPflG, though their practical application depends on whether and when compulsory service is reactivated.
Indispensable occupation. Persons employed in roles deemed essential to state or civil infrastructure — police officers, certain civil defence personnel and others — may be excluded or deferred. The categories are set out in the WPflG and associated ordinances.

Alternative civilian service (Ersatzdienst)

No alternative civilian service obligation currently exists. Since the suspension of conscription in 2011, the old Zivildienst system has not operated. Men who object to military service today face no requirement to perform civilian alternative service in its place. [12]

If full or partial conscription is reactivated by the Bundestag, the position would change. Recognised conscientious objectors would then be directed to perform zivilen Ersatzdienst — civilian service outside the Bundeswehr — under the Zivildienstgesetz (ZDG). The statutory duration for both military service and civilian alternative service is currently six months (§ 5(2) WPflG, § 24 ZDG), down from the nine months that applied until the end of 2010. Civilian Ersatzdienst structures were largely dismantled after 2011 and would need to be rebuilt; government planning documents and commentary from welfare associations confirm that this would take time. [12]

Some commentators and political parties have proposed expanding voluntary services such as the Bundesfreiwilligendienst (BFD) and the Freiwilliges Soziales Jahr (FSJ) as a broader complement to voluntary military service, potentially as a precursor to a general civil service obligation. No such obligation has been enacted.

What happens in wartime or a state of defence?

If the Bundestag were to declare a Verteidigungsfall (state of defence) under Article 115a GG, or a Spannungsfall (state of tension) under Article 80a GG, the full legal architecture of the WPflG would activate. Men in relevant age cohorts could be conscripted without further parliamentary legislation, and the travel permission requirement under § 3(2) WPflG — currently unenforced by administrative order — would operate as written.

Recognised conscientious objectors would not be conscripted into armed service. Their recognition notices remain valid in a defence emergency. They would instead be required to perform civilian Ersatzdienst under the ZDG. § 79 ZDG sets out the special rules for a Spannungs- or Verteidigungsfall; under § 79 Nr. 3 ZDG, men who have applied for recognition may be called up for civilian service before their application has been decided.

A Federal Court of Justice (BGH) decision of 16 January 2025 (4 ARs 11/24) raised the theoretical possibility that the constitutional right to conscientious objection could be suspended in wartime by ordinary parliamentary legislation. The passage is obiter, it arose in an extradition matter rather than a conscription case, and it has been sharply criticised in the academic literature. It should not be read as settled law. [9]

Penalties for non-compliance

Failure to complete the mandatory questionnaire constitutes an administrative offence (Ordnungswidrigkeit) under the WPflG and the OWiG, and fines can follow — though, as noted above, the offence of non-response arises only once a second request has been formally served with a deadline. Knowingly providing false or incomplete information in the questionnaire is a separate offence. The Bundeswehr Career Centre can also enforce attendance at the Musterung.

No sanctions are currently being applied in respect of the travel-permission requirement, following the ministerial directive of April 2026. The statutory obligation nevertheless remains on the books and could be reactivated at short notice.

Where this is heading

The 2026 law is not the end of this debate. The newly inserted § 91(1) of the Soldatengesetz sets a target of 460,000 personnel by 2035 — up to 260,000 active soldiers and at least 200,000 reservists — to meet Germany's NATO capability commitments. As of December 2025, the Bundeswehr had approximately 184,000 active personnel. Defence Minister Pistorius has stated that partial conscription will follow if voluntary recruitment targets are not met, and § 91a SG requires the Federal Ministry of Defence to report progress to the Bundestag every six months from 1 January 2027, which returns this question to parliament repeatedly.

A further step has already been taken on the reserve side: the Reservestärkungsgesetz, approved by the Federal Cabinet on 1 July 2026, would expand compulsory reserve call-up and remove the current "double voluntariness" requirement, with entry into force planned for early 2027. It does not touch the Wehrpflicht, the Musterung or § 3(2) WPflG, but it points in the same direction.

Anyone with questions about how German military law interacts with their residence status, naturalisation plans, or travel arrangements should seek specific legal advice. The rules are in active development, and the distance between an administrative suspension and the underlying statutory obligation is narrower than it might appear.

When to get a lawyer

Most men in the affected cohorts can complete the questionnaire without help. Advice is worth taking if you are weighing naturalisation and are of military age; if you hold a second citizenship whose own military obligations may conflict with Germany's; if you are planning to live or work outside Germany for more than three months and want certainty about § 3(2) WPflG; if you intend to apply for recognition as a conscientious objector and want the written statement to withstand scrutiny; or if you have already received correspondence from a Karrierecenter and are unsure what it obliges you to do.

Talk to us

Fiona Macdonald advises internationally mobile professionals and families on German residence and citizenship law, including how military service obligations interact with naturalisation decisions. If this affects you or a family member, book a consultation and tell us the citizenships held, the year of birth, and where you are living — we will tell you where you stand.

Sources and legal references

All sources last accessed July 2026.

This post reflects the legal position as of July 2026. It provides general legal information and does not constitute legal advice in relation to any individual situation. German military service law is actively developing. Anyone with specific questions about how these rules apply to their circumstances should seek tailored legal advice.