Human Rights of Armed Forces Personnel The Constitution of Italy, Article 52: • The defence of the Fatherland is the sacred duty of every citizen. • Military service is compulsory within the limits and under the terms of the law. The fulfilment of military duties may not prejudice a citizen’s position as an employee or the exercise of his political rights. • The rules about Armed Forces must conform to the democratic spirit of the Republic The Constitution of Poland, Article 26(2): • The Armed Forces shall observe neutrality regarding political matters and shall be subject to civilian and democratic control. Constitution of the Russian Federation, Article 59: • Defence of the Fatherland shall be the duty and obligation of a citizen of the Russian Federation. • Citizens of the Russian Federation shall perform military service in accordance with federal law. • In the event that their convictions or religious beliefs run counter to military service and in other cases established by federal law, citizens of the Russian Federation shall have the right to replace it with alternative civilian service. Constitution of the United States of America • Section 2: The President shall be Commander-in-Chief of the Army and Navy of the United States, • Section 8: The Congress shall have the power (9) To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; […] To raise and support Armies [..] To provide and maintain a Navy […]To make rules for the Government and Regulation of the land and naval Forces …] To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States. Constitutional courts play an important part in interpreting constitutional provisions, checking the limits and distribution of legitimate power and upholding fundamental rights. In the case of the military, constitutional litigation has been used in several states to challenge violations of fundamental or constitutional rights, or actions that undermine the rule of law or democratic order.123 The German Federal Constitutional Court, for example, in the 1994 Somalia Case, interpreted the Basic Law on peacekeeping operations.124 In Italy, the 68 123 Venice Commission, op. cit., note 109, para. 263, citing the respective country chapters in George Nolte (ed.), European Military Law Systems, op. cit., note 8. 124 German Federal Constitutional Court, Judgment of the Second Senate of 12 July 1994 – 2 BvE 3/92, 5/93, 7/93, 8/93 (BVerfGE 90), p. 286.