Denmark Faces Legal Challenge Over Controversial US Defense Agreement

Denmark is poised for legal action regarding a contentious defense agreement with the United States, raising significant concerns over potential constitutional violations and complicating diplomatic relations over Greenland. The agreement, signed during the Biden administration in 2023 and ratified by the Danish parliament in 2024, grants the US extensive access and authority over Danish military bases and civilian affairs. Amid escalating tensions following former President Donald Trump's controversial comments about Greenland, including threats of invasion, independent MP Theresa Scavenius is preparing to sue the Danish government, claiming the agreement undermines Denmark's sovereignty. According to Scavenius, the Danish constitution explicitly states that sovereignty can only be relinquished to international authorities through a constitutional amendment requiring the support of five-sixths of the parliament. This, she argues, was not achieved with the recent defense agreement. "The law is unconstitutional because it delegates authority to US governmental bodies or soldiers on Danish territory over Danish civilians. That is explicitly not allowed in our constitution," Scavenius told the Guardian. Critics are particularly concerned that while the agreement does not apply to Greenland, the implications of Trump's rhetoric suggest a potential willingness from the US to enforce its will through military means. Scavenius underscored the urgency of resolving constitutional issues ahead of any further negotiations regarding Greenland. "It is essential that any constitutional matters be resolved urgently before beginning negotiations over Greenland," she stated. Despite widespread criticism from politicians and human rights advocates, many Danish MPs voted overwhelmingly in favor of the agreement in June 2024. Supporters, including Prime Minister Mette Frederiksen, argued that amid tensions between Denmark and the US, maintaining strong ties was critical. "The problem is not too much involvement from the US in Europe. On the contrary, the risk is that the US will withdraw and move troops away or stop donations to Ukraine," Frederiksen emphasized. The provisions of the agreement allow US soldiers to remain under US jurisdiction while stationed in Denmark, which includes access to airbases in Karup, Skrydstrup, and Aalborg. The terms also grant US military personnel and police powers over Danish civilians, both on and off base. Human rights organizations, such as the Danish Institute for Human Rights, have warned that the agreement could weaken Danish legal accountability over US military actions, potentially paving the way for excessive force during protests or demonstrations outside military facilities. Senior researcher Peter Vedel Kessing noted, "If the bill is passed and American soldiers carry out illegal acts in Denmark, it will be beyond Danish control and outside the reach of the Danish legal system to prosecute such actions." In light of the expected lawsuit, the Danish defense ministry has acknowledged the impending claim but refrained from making official comments, citing the need for due process. A ministry spokesperson stated, "As the ministry has not received such a claim at this time, the ministry has no comment." As the legal proceedings unfold, Danish lawmakers and citizens alike are left to grapple with the implications of the agreement, questioning whether national sovereignty and civil rights may be compromised in a bid to strengthen ties with a powerful ally. Related Sources: • Source 1 • Source 2