Office for Democratic Institutions and Human Rights

Human rights and the armed forces

Armed forces are an integral part of a democratic state and society. Their role is not merely to defend the state and its citizens against internal and external threats but also to protect and uphold the human rights and fundamental freedoms on which democratic societies are based.

As representatives of a state structure, armed forces personnel are bound to respect human rights and international humanitarian law in the exercise of their duties.

Armed forces personnel, whether professional or conscripted, are also entitled to the same rights and protection as all other people, subject to certain limitations imposed by military life. When the human rights and fundamental freedoms of armed forces personnel are protected, they will be more likely to uphold and respect the rights and freedoms of others when carrying out their duties.

OSCE Commitments on the Armed Forces

International human rights law contains various provisions on the protection of the human rights and fundamental freedoms of individuals serving in the armed forces. OSCE human dimension commitments also apply to armed forces personnel, and a number of specific safeguards are contained in the OSCE Code of Conduct on Politico-Military Aspects of Security.

The Code of Conduct regulates the military and defence policies of OSCE participating States, both in peacetime and in the event of armed conflict. It is a unique instrument that has no counterpart within any other international organization and is binding on all participating States.

ODIHR assists participating States with the implementation of these commitments through a range of awareness-raising activities. These are based on the Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel, which was published by ODIHR in June 2008 in co-operation with the Geneva Centre for the Democratic Control of Armed Forces.

Based on good practices collected through a questionnaire sent to participating States, the handbook sets out a number of policy recommendations to improve the protection of human rights and fundamental freedoms of armed forces personnel.