Box 6.2 (cont.) Denmark: Art. 19.2 2) Except for purposes of defence against an armed attack upon the Realm or Danish forces, the King shall not use military force against any foreign state without the consent of the Parliament. Any measure that the King may take in pursuance of this provision shall immediately be submitted to the Parliament. If the Parliament is not in session, it shall be convoked immediately. Republic of Ireland: Art. 28.3 (3.1) War shall not be declared and the State shall not participate in any war save with the assent of the House of Representatives. (3.2) In the case of actual invasion, however, the Government may take whatever steps they may consider necessary for the protection of the State, and the House of Representatives if not sitting shall be summoned to meet at the earliest practicable date. Examples of Non-Aggression Provisions Azerbaijani Constitution (1995) Art. 9 (Military Forces) (2) The Republic of Azerbaijan rejects war as a means of infringement on the independence of other states and as a means for settling international conflicts. Italian Constitution Art. 11 (Repudiation of War) Italy repudiates war as an instrument offending the liberty of peoples and as a means for settling international disputes; it agrees to limitations of sovereignty where they are necessary to allow for a legal system of peace and justice between nations, provided the principle of reciprocity is guaranteed; it promotes and encourages international organizations furthering such ends. German Constitution Art. 26 (Ban on Preparations for War of Aggression) (1) Acts with the potential to, and undertaken with intent to, disturb the peaceful relations between nations, especially to prepare war or aggression, are unconstitutional. They have to be made a criminal offence. Art. 87a (Establishment and Powers of the Armed Forces) 1. The Federation shall establish Armed Forces for purposes of defence. Their numerical strength and general organizational structure must be shown in the budget. 3. Constitutions and Human Rights of Armed Forces Constitutional provisions dealing with the human rights of members of the armed forces tend to be introduced for two reasons. First, in countries with conscript armies, the constitution may provide a right of conscientious objection to the duty of military service. A number of these constitutional provisions are summarized in Box 6.3 below, and the whole question of conscientious objection to military conscription is discussed in greater detail in Chapter 10. Second, the history of a particular country may suggest that it is necessary to guarantee the neutral role of the armed forces at the highest normative level in the constitution. For example, the constitution may enforce a separation between the military and political leadership. In such a case, the human rights of members of the armed forces are to some extent restricted in pursuit of a higher constitutional goal. Restrictions on the political rights of members of the armed forces are dealt with at greater length in Chapter 8. These two concerns apart, it is uncommon for matters touching on the human rights of members of the armed forces to be referred to in a written constitution. The tendency has been to regard members of the armed forces as citizens in uniform, i.e., they enjoy the same basic civil and political rights as the remainder of the population, subject, where necessary because of their role, to legal restrictions. 45 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel