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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents