Chapter 4 OSCE Commitments The OSCE regards norms and activities promoting democracy, human rights, and the rule of law — the so-called human dimension — as an essential aspect of security, which is directly linked to the OSCE’s other two areas of operation, the politico-military and economic/environmental dimensions. The term human dimension also indicates that OSCE norms in this field cover a wider area than traditional human rights law. This chapter will deal with the nature and scope of OSCE human dimension commitments in the field of human rights, and will also discuss the human rights aspects of the cross-dimensional OSCE Code of Conduct on Politico-Military Aspects of Security. 1. The Nature and Status of OSCE Commitments on Human Rights A commitment to human rights has been an integral part of the OSCE’s comprehensive security policy since its inception. In the Helsinki Final Act, the participating States agreed that one of the guiding principles of relations between them would be to: promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and freedoms all of which derive from the inherent dignity of the human person and are essential for free and full development.15 This commitment to human rights has been reaffirmed on a number of occasions (for example, in Madrid, 1983; Vienna, 1989; and Moscow, 1991). The commitments made by OSCE participating States on human rights are politically binding for those states, as well as for new members that accept the acquis upon joining the OSCE. We summarize below the main areas in which the participating States have made these commitments, and the major individual commitments in those fields are considered in greater detail in the respective chapters of Sections III-IV. The politically binding nature of the commitments means that, unlike human rights treaties, they are operative immediately (since they do not require constitutional approval) and in their entirety (that is, without reservations). They are not, however, legally enforceable in court. OSCE commitments are more than a simple declaration of will or good intentions; rather, they are a political promise to comply with these standards. They may also, if reflective of general state practice and a concomitant opinio iuris, indicate the emergence of customary law. At Copenhagen in 1990, the participating States declared their commitment to provide effective remedies for human rights abuses and complaints. Remedies enable individual members of the armed forces to utilize, in a practical way, the commitments of states to uphold human rights norms. A remedy is effective if it allows for an effective independent inquiry into alleged human rights abuses and an impartial determination of whether a violation has occurred, and if it provides a means to obtain sufficient redress for the alleged 15  Helsinki 1975, Questions Relating to Security in Europe: 1 (a) Declaration on Principles Guiding Relations between Participating States - Principle VII. 26 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel