Human Rights of Armed Forces Personnel In addition to these general human rights commitments, participating States have made three specific commitments related to the human rights of members of the armed forces. First, participating States have pledged to consider introducing alternatives to compulsory military service (Copenhagen 1990 and Budapest 1994; see “Chapter 8: Conscientious Objection to Military Service”). Second, concerning the minimum age of recruitment to the armed forces, participating States agreed to consider acceding to the UN Convention on the Rights of the Child where they had not yet done so (Copenhagen 1990). States have also committed to reviewing whether their practices for the recruitment or conscription of personnel for military service are consistent with their human rights obligations (Budapest 1994). Third, states have committed to provide legal protections for the human rights of armed forces members. These find their fullest expression under the OSCE Code of Conduct on Politico-Military Aspects of Security (Budapest 1994). OSCE Code of Conduct on Politico-Military Aspects of Security: Key Features The OSCE Code of Conduct on Politico-Military Aspects of Security was adopted by the Forum for Security Co-operation in Budapest on 3 December 1994.11 It came into effect as a politically binding document on 1 January 1995. The Code of Conduct was the first multilateral instrument to regulate the armed forces at both the domestic and international levels. The rationale behind the Code is that the democratic control of armed forces is “an indispensable element of stability and security and an important expression of democracy” (paragraph 20). It adopts an innovative approach that bridges both the human and military dimensions of security. Moreover, the Code applies to military and defence policies both in peacetime and in times of conflict and, as such, reflects an important acceptance by participating States of the limitations in an area traditionally seen as their own preserve. The Code of Conduct embodies four key principles: the primacy of constitutional civilian power over military power (paragraphs 21-26), the subjection of armed forces to international humanitarian law (IHL) (paragraphs 29-31 and 34-35), respect for the human rights of armed forces members (paragraphs 23, 27-28 and 32-33), and limits on the domestic use of force in line with the legal mission and with respect to the peaceful and lawful exercise of human rights (paragraphs 36-37). It can be seen, then, that the Code of Conduct takes a dual approach to human rights. First, participating States are to ensure that their armed forces respect the human rights of civilians and follow IHL. For example, care must be taken to avoid injury to civilians, and the use of force must be proportionate. Individual members of the military must be accountable for any violations of international law. Equally, the human rights of members of the armed forces themselves are to be protected by states. This means that domestic legislation must 11 34 OSCE, Code of Conduct on Politico-Military Aspects of Security, op. cit., note 1.