Human Rights of Armed Forces Personnel The scope of defence legislation Legislation concerning defence and the armed forces may address a wide range of issues, for example: • the role of the military; • the chain of command; • political neutrality; • the status of military personnel; • conscientious objection; • states of emergency; • military discipline, offences and military justice systems; • legal redress and complaints mechanisms; • liability for unlawful orders and violations of human rights; • salaries and pensions; and • insurance rights for family members in case of the accidental death of, or injury to, service personnel. Much of military law is concerned with imposing specific legal duties upon members of the armed forces to underline the disciplined environment in which they operate. Thus, military law deals with issues such as desertion, absence without leave (AWOL), insubordination, mutiny, aiding the enemy and sleeping on duty. This compendium is not concerned in general with such offences, although the human rights aspects of military justice procedures are examined in “Chapter 18: Discipline and Military Justice”. In many states, members of the armed forces do not fall under regular employment laws or, if they do, only to a certain extent. For example, provisions regarding permissible working hours will often not apply or will be different for military employees,112 as will provisions on salaries.113 This is not the case, however, for member states of the European Union. In 2017, the European Commission issued an Interpretative Communication on Directive 2003/88/EC concerning certain aspects of the organization of working time, in which it specified that the Directive is applicable to members of the armed forces (at least in relation to activities conducted under normal conditions).114 In an order issued in 2005, 62 112 See: Swedish Working Hours Act, Section 2, 1982:673 (24 June 1982); and the United Kingdom Employment Rights Act (22 May 1996), Section 192, with references to other provisions applicable to armed forces members. 113 See: Article 323(2) of the Labour Code of the Republic of Moldova, No. 154-XV (28 March 2003). 114 See: European Commission, “Interpretative Communication on Directive 2003/88/EC of the European Parliament and of the Council Concerning Certain Aspects of the Organisation of Working Time”, OJ C 165, 24 May 2017, p. 11. Article 2 of the Directive states that it shall not be applicable where “characteristics peculiar to certain specific public service activities, such as the armed forces or the police […] inevitably conflict with it.” In the Interpretative Communication, the European Commission noted that certain services must deal with events that are, by definition, unforeseeable. However, it also reiterated the position of the