On December 5, 2023, an information event on the Sky Shield Initiative took place in Parliament at the invitation of the host, National Council President Wolfgang Sobotka. The event was very well received by politicians, experts, the media and citizens, and Wolfgang Sobotka expressed his desire for an objective discussion in his opening remarks.
The first speaker was the commander of the air force. Brigadier Gerfried Promberger gave an overview of the mission of the air forces of the Armed Forcesthe Goldhaube airspace surveillance system, the number of aircraft movements over Austria and the ground-based air defense capacities still available. With twelve fire units, each with two 35-millimeter twin anti-aircraft guns plus the associated Skyguard radar, as well as 24 launchers for Mistral anti-aircraft guided missiles and three associated RAC 3D reconnaissance and target designation radars, the Austrian Armed Forces only have the means to protect a single target against low-flying attacks. Brigadier Promberger referred to the incident in Zagreb on March 10, 2022 as an example of how spontaneous threats can occur. At that time, an unmanned Tupolev M-141 drone, misdirected from the Ukraine warcreated a six-meter-deep crater in the middle of a park in Zagreb. This also illustrated that threats do not always have to be deliberately directed against a country, but can result from technical malfunctions or simply old equipment. The projects for the modernization and repositioning of ground-based air defence were then presented in detail. As part of the “Barrel Weapon Systems” project, the modernization of the 35-millimetre air defence system will be presented by Rheinmetall Air Defense at the Federal Ministry of Defence. The project intention “VSHORAD capability carrier and qualified drone defense” includes kinetic and electronic warfare systems in the close range. The “MRAD/SHORAD capability carrier” project was approved on 30 November and includes two air defence guided missile systems and associated radar systems for short-range distances of up to 15 kilometers and medium-range distances of up to 50 kilometers. An “air defense Pandur” is also planned under the title “VSHORAD escort battery capability carrier”.
All of the aforementioned measures are also included in the budget of the “ÖBH 2032+ development plan”. And this is also where the “European Sky Shield Initiative” (ESSI), in which 19 countries want to participate under the leadership of Germany, should come into play. ESSI is intended to offer a “360-degree solution” from the joint procurement of weapons systems to the training of personnel in a transnational effort by the participating states and thus achieve a significant reduction in costs. Brigadier Promberger mentioned the Todendorf, Gusum and Kalkar training sites in Germany and the NAMFI test site on Crete. https://militaeraktuell.at/damen-startet-bau-der-fregatte-f126/ ESSI is exclusively concerned with the most cost-efficient procurement and training measures possible and not with participation in operational measures. Participation in a military alliance or foreign bases on Austrian territory are excluded. Author’s note: ESSI is not an operational organization for the participating NATO countries either! The NATO states have bundled their joint efforts for air surveillance and missile defense within the framework of the “NATO Integrated Air and Missile Defence System” (NATINAMDS). ESSI is not a NATO initiative and will not replace, supplement or even partially replace NATINAMDS.
Brigadier Promberger also dealt separately with the Council of Ministers decision on the procurement of long-range air defense guided missile systems from November 15 . Planning for this project has only just begun. The range of systems available for selection here extends from Patriot to Arrow III. Brigadier Promberger also mentioned the current and possible further contributions to the exchange of air and space situation data with neighboring countries. The second speaker on the podium was Walter Obwexer, Dean of the Faculty of Law at the University of Innsbruck. The university professor first recalled the legal framework of neutrality and then categorized the Sky Shield Initiative in terms of neutrality law. Obwexer first addressed the obligations of the Neutrality Act of October 26, 1955. These are essentially “permanent neutrality” as defined in international law:
- No participation in war and equal treatment of warring parties.
- Freedom of alliance: No membership of a military alliance and no ties that could lead to war.
- The ban on bases: No establishment of bases of foreign states in Austria and Austrian bases on foreign territories.
- Armed neutrality: defending the integrity of the national territory against attacks by all available means.
Obwexer also explained the effects of EU membership, legally defined in Art. 23j B-VG. This applies in particular to CFSP measures in which, due to the Irish clause, it may also be possible to constructively abstain. Obwexer emphasized that ESSI is not an EU initiative and that the Neutrality Act of 1955 therefore applies without restriction. Cooperation in joint planning, procurement and maintenance of war material as well as joint training and exercises and the exchange of information are not in conflict with permanent neutrality. ESSI does not intend to provide mutual assistance and would not be permitted to do so. The power of command to shoot down flying objects in Austrian airspace must remain with Austria (§3 Defense Act. Command authority lies with the respective federal minister and is exercised by the respective commanders). Transferring command to the NATO Commander-in-Chief, for example, would violate the freedom of base principle. Finally, Obwexer considered the ESSI in its current form to be compatible with permanent neutrality. A suspension option is required in the event of war. The final presentation was given by Franz-Stefan Gady, political advisor and analyst at the International Institute for Strategic Studies. Gady referred to the changing global security order, which is shifting from a unipolar to a multipolar one. The world is currently in a phase of political and military miscalculation. In particular, Gady also emphasized the increasing importance of military deterrence in this environment. If the missiles rot in storage, then everything will have been done right.
