DCAF Conference on the OSCE Code of Conduct

1. DCAF Conference on the OSCECode of Conduct Wim Van Eekelen SUMMARY

2. OSCE Strongpoints • Confidence building • Principles for conduct of states • Prevention • Democratic institutions and human rights • High Commissioner for National Minorities

3. Code of Conduct on Politico-Military Aspects of Security • Unprecedented normative document • Some new measures on interstate-relations: • Sufficiency principle for military forces • Freedom to join alliances • Freely negotiated agreements for stationing forces • Real added value relates to democratic control and use of armed forces: • Who must control, what, how and why?

4. How? • Primacy of democratic constitutional civilian power over military power • Subjugation of armed forces to the norms and prescriptions of international humanitarian law • Respect of the human rights and fundamental freedoms of the armed forces • Regulation of the use of armed forces for internal security purposes

5. Shortcomings • Omits judicial branch • No concept of ‘citizen in uniform’ with rights and duties • Non-recognition of the legitimacy of an usurper government • No linkage with Vienna document on CSBM • Weak on parliamentary forces • Weaker than Geneva Conventions on Humanitarian Law • No regulation of use of force during an emergency • No obligation to provide information on domestic use of force • No operative provisions on intelligence services and police

6. Outside Europe • No similar security organizations • Different notion of security: • Defence against neighbors • Support for domestic regime • African Draft Code limited to the domestic regulatory framework • Could a start be made with CSBM?

7. Way Ahead • Consider integrated approach of inter- and intra-state aspects • Dilemma of security and freedom in fighting terrorism • Focus on national reports • Draw up lessons learned and best practices • Encourage NGOs • Agree to new activities but don’t give up past achievements