Compendium of Standards, Good Practices and Recommendations
The question of military justice and the human rights of service personnel is discussed
further in “Chapter 18: Discipline and Military Justice”.
Box 4.5: Constitutional provisions on the armed forces (selected
examples)122
The Constitution of the Republic of Armenia, Article 14
•
Article 14 (2): The Armed Forces of the Republic of Armenia shall maintain neutrality
in political matters and shall be under civilian control.
•
Article 14 (3) Every citizen shall be obliged to participate in the defense of the
Republic of Armenia in the manner stipulated by law.
•
Article 155 (1): The Armed Forces shall be subordinate to the Government. A decision
on engagement of the Armed Forces shall be taken by the Government. […]
•
Article 155 (5) The subordination and command of the Armed Forces, as well as
other details shall be stipulated by law.
Estonian Constitution, paragraph 124:
•
Persons serving in the defence forces enjoy all rights and freedoms provided in the
Constitution unless there are restrictions prescribed by the law.
The Constitution of Greece:
•
Article 4(6): Every Greek capable of bearing arms has the duty to contribute to the
defence of the Fatherland as provided by law.
•
Article 29(3): Manifestations of any nature whatsoever in favour of political parties
by […] the military in general, members of the security corps […] are absolutely
prohibited.
•
Article 56(1): […] [S]ervants or officers of the Armed Forces and the security corps
[…] may neither stand for election nor be elected to Parliament if they have not
resigned from the said offices prior to their nomination.
•
Article 96(4)(a): Special statutes provide for military, naval and air force courts,
which shall have no jurisdiction over civilians.
The Basic Law of Germany, Article 45(b):
•
122
A Parliamentary Commissioner for the Armed Forces shall be appointed to
safeguard basic rights and to assist the Bundestag in exercising parliamentary
oversight over the armed forces. Details shall be regulated by a federal law.
Legislationline.org, op. cit., note 111.
67
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