Compendium of Standards, Good Practices and Recommendations
be in place establishing effective procedures to safeguard their rights, whether through the
courts or other independent means, such as military ombuds institutions.
OSCE participating States have agreed to exchange information on the implementation
of the Code of Conduct in the form of a questionnaire submitted by 15 April each year.
Since 2009, OSCE participating States can voluntarily report on the implementation of UN
Security Council Resolution 1325 on Women, Peace and Security (UNSCR 1325), through the
annual information exchange on the implementation of the Code of Conduct at the Forum
for Security Co-operation (FSC). In 2011, the FSC offered a reference guide in the form of an
indicative list of questions on women, peace and security.12
Box 2.2: The OSCE Code of Conduct – key human rights features13
•
Recruitment and call-up practices are to be consistent with human rights
commitments (paragraph 27).
•
Domestic legislation shall reflect the human rights of members of the armed forces
(paragraph 28).
•
Participating States will ensure the enjoyment and exercise of human rights by
members of the armed forces, including appropriate legal and administrative
procedures to protect their rights (paragraphs 32 and 33).
Duties of armed forces to respect rights
•
The armed forces shall be politically neutral (paragraph 23).
•
States are required to disseminate information on and train members of the armed
forces in IHL of war (paragraphs 29 and 30).
•
Armed forces personnel can be held individually accountable for violations of IHL
(paragraph 31).
•
Armed forces are, in peace and in war, commanded, manned, trained and equipped
in accordance with the provisions of international law (paragraph 34).
•
Recourse to force in performing internal security missions must be commensurate
with the needs for enforcement. The armed forces will take due care to avoid
injury to civilians or their property (paragraph 36).
•
The use of the armed forces cannot limit the peaceful and lawful exercise of
citizens’ human and civil rights or deprive them of their national, religious, cultural,
linguistic or ethnic identity (paragraph 37).
12
OSCE, Forum for Security Co-operation, Decision No. 5/11, “Reference Guide on the Questionnaire on
the OSCE Code of Conduct on Politico-Military Aspects of Security”, 13 July 2011, https://www.osce.org/
fsc/80988.
13
OSCE, Code of Conduct on Politico-Military Aspects of Security, op. cit., note 1, Sections VII and VIII.
35
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