Box 7.1 The Need for Democratic Oversight of Armed Forces as Adopted by Selected International Organizations Organization UNDP OSCE Council of Europe (Parliamentary Assembly) EU (European Parliament) Summit of the Americas Norm/Standard Democratic civilian control of the military, police, and other security forces (report enumerates principles of democratic governance in the security sector) “The democratic political control of military, paramilitary and internal security forces as well as of intelligence services and the police” (specified by a detailed set of provisions) Government measures must be both lawful and legitimate. Consequently, some form of democratic supervision is required, the essence of which must be carried out by parliament. The judiciary, in turn, plays a crucial role because it can punish any misuse of exceptional measures in which there may be a risk of human rights violations. International organizations also play an increasing role in guiding policies and harmonizing rules. Specifying the Copenhagen Criteria for accession to include: “legal accountability of police, military and secret services …”. “The constitutional subordination of armed forces and security forces to the legally constituted authorities of our states is fundamental to democracy.” Source Human Development Report (2002) Code of Conduct on Politico-Military Aspects of Security (1994) Recommendation 1713 (2005) Agenda 2000, § 9 Quebec Plan of Action (2001) whole and protecting the constitution, rather than narrower political or sectional interests. Proper control ensures a stable, politically bi-partisan approach to defence that is to the benefit of the state and of the armed forces themselves. The involvement of parliamentarians can help to ensure that the use of public money on defence is properly authorized and accounted for. Parliamentary approval of the creation, mandate, and powers of the armed forces is a necessary but insufficient condition for upholding the rule of law. A legal foundation increases the legitimacy both of the existence of the armed forces and the (often exceptional) powers that they possess. As in other areas, one key task of the legislature is to delegate authority to the administration but also to structure and confine discretionary powers in law. 2. Legislation and Parliamentary Accountability As Box 7.2 shows, law-making is only one of a number of roles that parliaments usually play. In addition, in the context of control of the armed forces, parliaments may call the Box 7.2 Instruments or Tools That May Be Used by Parliament in Legislating for the Armed Forces 1. General Powers a. To initiate legislation; b. To amend or to rewrite laws; c. To question members of the executive; d. To summon members of the executive to testify at parliamentary meetings; e. To summon military staff and civil servants to testify at parliamentary meetings; f. To summon civilian experts to testify at parliamentary meetings; g. To obtain documents from the executive; h. To carry out parliamentary inquiries; i. To hold hearings. 48 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel