Compendium of Standards, Good Practices and Recommendations
effect of which is illustrated by the institution/occupation model. The underlying thesis of
this model is that the military profession is shifting away from an institutional format to
one that is similar to the occupational format of other professions in society. Increasingly,
the military profession is becoming “just another job”, driven by financial incentives, job
security and attractive working conditions, instead of a unique institution based on country,
duty and honour.6 According to the institution model, soldiers’ human rights may be greatly
restricted because the military profession cannot be compared with any other profession in
society. According to the occupation model, however, service personnel may have the same
rights as other citizens because of the commonalities between the military profession and
other professions in society.
It is imperative, however, that any restrictions satisfy several criteria. They should be
rationally related to military needs and not merely the result of arbitrary practice or
tradition. They should be firmly based upon law, preferably legislation that has been subject
to considered democratic debate and lawful procedure. They should be proportionate, i.e.,
adapted in a nuanced way to the interests of the military, which would be compromised by
the full exercise of human rights. Any restrictions on the rights of armed forces personnel
that operate in a discriminatory fashion on the basis of race, ethnicity, religion, sex or other
criteria must be carefully scrutinized given their suspect nature and the requirement for
clear justification. The onus to demonstrate the necessity of restricting the rights of armed
forces personnel should firmly lie with the military.
Human rights are not merely a matter of high-sounding aspirations on paper; they must
also be fully implemented in daily practice in the armed forces. Human rights violations
resulting from illegal practices (e.g. mistreatment of conscripts) are some of the most common
violations occurring in the armed forces. Although laws and regulations prohibiting such
practices often exist, it is their practical implementation that often proves most difficult.
In many OSCE participating States, the mechanisms for protecting the rights of armed forces
personnel remain inadequate. Even in states where laws and regulations have improved,
they are often not respected at the practical level. The effective implementation of human
rights is therefore crucial. This compendium emphasizes not only the role of national
and international courts, but also other methods of investigating complaints concerning
human rights violations and the sanctioning of violations, including military ombuds
institutions. The first line of defence, however, has to come from within the armed forces. In
particular, the protection of the human rights of their subordinates features among the key
responsibilities of superior officers. Human rights education is crucial in raising awareness
and creating a professional culture within the military that includes respect for human
Outline of a Synthetic Formulation”, European Journal of Sociology, Vol. 31, No. 1, 1990.
6
See: Charles Moskos, “From Institution to Occupation: Trends in Military Organization”, Armed Forces & Society, Vol. 4, No. 1, Fall 1977; and Charles Moskos, John Allen Williams and David Segal (eds.), The Post-modern
Military: Armed Forces after the Cold War (Oxford: Oxford University Press, 2000).
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