Human Rights of Armed Forces Personnel apply to service personnel. A report by the European Commission for Democracy through Law (Venice Commission) of the Council of Europe concluded that the democratic control of armed forces represents a guarantee that human rights and fundamental freedoms be respected both within the armed forces and by the armed forces during their operation.109 While military decisions have some special features (including speed or urgency, efficacy, secrecy and discretion), such decisions need to be balanced with democratic control. The Venice Commission has provided a series of principles governing the democratic control of the armed forces (see Box 4.1). The principles include a combination of both pro-active oversight to identify potentially problematic military decisions and the examination of any problems that arise in implementing those decisions. The constitutional regulation of the armed forces is more common among younger democracies. Such control usually goes further than securing the accountability of the armed forces, and also seeks to secure the armed forces’ commitment to the new constitutional and democratic order. Constitutional rules or laws should clearly identify the organs exercising oversight of the armed forces, as well as the acts or issues under their control and the mechanisms to achieve it. Box 4.1: Constitutional control of the armed forces – the Venice Commission principles 110 1. Domestic democratic oversight of armed forces is conducted by parliaments (including specialized defence committees), the executive, the judiciary and other entities. 2. Parliamentary control of the armed forces can include the approval and control of the military budget, decisions concerning international deployments, the adoption of legislation and other decisions regulating the military field, and control over decisions adopted by organs with military competences (for example, general defence policy and the appointment or dismissal of top commanders). 3. Executive (namely, the head of state, government and national defence council) oversight mechanisms include, inter alia, decision-making and control over the use of force in states of emergency and the appointment and dismissal of top commanders. 4. Judicial control reinforces the principle of the rule of law. Constitutional courts (and, where they exist, military courts) bring an important contribution to the control of armed forces. 5. Other independent bodies, such as ombuds institutions, audit offices and courts of 58 109 Council of Europe, European Commission for Democracy through Law (Venice Commission), “Report on the Democratic Control of Armed Forces”, CDL-AD(2008)004, 23 April 2008, https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2008)004-e. 110 Ibid., paras. 372-402.