The approach enshrined in the Code of Conduct can be summarized as the “citizen in
uniform” approach, according to which members of the armed forces retain their human
rights and fundamental freedoms, but these are subject to certain limitations and duties
imposed by military service. Though the OSCE participating States agree that armed forces
personnel are entitled to enjoy universal human rights, the understanding of the concept
of citizens in uniform is likely to vary from country to country, depending on its particular
history, military culture, a possible recent transition from authoritarian rule to democracy,
as well as experiences with war and conflict.3 For these reasons, there is no single model
for protecting the human rights of armed forces personnel. Therefore, the emphasis of this
handbook is on putting forward various models and best practices that can be found in
participating States on how armed forces have successfully integrated human rights.
Scope
Human rights
In this handbook, human rights are clustered into four groups: (1) civil and political rights;
(2) rights related to equal opportunities and non-discrimination in the armed forces; (3)
rights related to military life; and (4) procedural rights related to implementing and ensuring human rights in the barracks. While these rights are further elaborated in Chapter 5,
they are addressed in each chapter with respect to issues at stake, relevant rights, policies,
and specific recommendations about how to ensure that human rights are respected. Each
chapter also contains several boxes that illustrate the laws, policies, and practices found in
participating States.
The handbook focuses specifically on the internal aspects of human rights and fundamental freedoms of armed forces personnel. It does not include external aspects, which are here
understood as respect for human rights by armed forces personnel in the execution of their
operations. Therefore, the impact of the conduct of armed forces personnel on civilians
remains outside the scope of this handbook.
Armed forces
Though the OSCE Code of Conduct refers in its provisions to “military, paramilitary and
security forces” (e.g., in para. 32), this handbook focuses on members of the armed forces.
The reason for this is that “military, paramilitary and security forces” can quite easily be
interpreted as including all elements of a state’s security sector, including the military, police, border guards, paramilitary forces, private security and military companies, internal
security services, as well as foreign and military intelligence services. As these services
have very different mandates, different operational procedures, and different legal regimes,
the handbook has been limited to consideration of armed forces proper.
While individuals do not lose their human rights when they enter the armed forces, states
can limit their enjoyment of human rights due to requirements related to the particular
characteristics of military life. The particularities of military life that are used to justify
restrictions on the exercise of human rights in the barracks are often related to preserving order and discipline in the military; establishing the political neutrality of the armed
forces; maintaining operational effectiveness; protecting classified information; obeying
orders; and maintaining the hierarchical structure of the military organization. How and
to what extent — if at all — these characteristics constitute a justification for restricting the
enjoyment of human rights is one of the main issues discussed throughout the handbook.
3 Peter Rowe, paper presented at the conference “Citizen in Uniform: Implementing Human Rights in the
Armed Forces”, jointly organized by DCAF, ODIHR, and the German Defence Ministry, Berlin, 7-8 September
2006.
18
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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