Democratic control over the armed forces in the legal order of the member states of the Council of Europe

2021 ◽  
Vol 1(23) ◽  
pp. 59-70
Author(s):  
Jakub Robel
Keyword(s):  
Security Policy ◽  
Armed Forces ◽  
Two Dimensions ◽  
International Terrorism ◽  
General Interest ◽  
Council Of Europe ◽  
Member States ◽  
Democratic Control ◽  
The Military

The control of the military is an indispensable element of a democratic government. Author of the article says that the degree and type of such control will vary considerably according to the system of government, historical traditions and also cultural values. The democratic control over the armed forces has two dimensions, which both enhance and promote confidence – building and peace. The domestic dimension implies the primacy of the civilian general interest of the principles of a democracy over the military. The international dimension prohibits in general the threat or use of force against a State. The democratic control of the armed forces is a complex matter. The author has focused in particular on aspects related to the armed forces: ‘traditional’ issues such as military expenditure or military budget and appointment of top commanders and issues which correspond to the change in the role of the armed forces, both at national and international level. Indeed, since the end of the cold war, armed forces have undeniably undergone a profound shift in both the range and focus of their role. This refocusing of defence and security policy in many Council of Europe member States has led to more national participation in international peace missions. Likewise, the changing nature of the threats posed to national security and in particular the rise of international terrorism has resulted in the re-emergence of an international role of the army in many European states, which requires a specific control of the conditions by which a state uses the army in domestic issues.

scholarly journals Creation of Armed Forces in NATO Member States: Promising Models of Germany and Norway

2021 ◽  
Vol 26 (1) ◽  
pp. 67-81
Author(s):  
Andrey Manoilo ◽  
◽  
Elena Ponomareva ◽  
Philipp Trunov ◽  
◽  
...  
Keyword(s):  
International Development ◽  
Russian Federation ◽  
Large Scale ◽  
Armed Forces ◽  
Potential Growth ◽  
Member States ◽  
The Us ◽  
The Russian Federation ◽  
The Military

Introduction. One of the key tendencies of modern international development is the growing importance of the “factor of power”. In this context, the initiated long process of the potential growth of the armed forces of the countries participating in NATO, which is of particular importance in the growth of new unconventional threats (one of the triggers of the Alliance transformation including through the strengthening of national units has become a global pandemic) is important from scientific and practical points of view. Methods and materials. The theoretical and methodological basis of the research is the theory of building armed forces. The basic sources for the analysis are official documents of military departments, as well as materials from related information centers, which reveal the parameters of the prospective appearance of the armed forces of the countries under study. NATO’s statistical and summit reports also occupy a special place. Analysis. The goal of the article is the research of the armed forces building processes in Germany and Norway for the future until the mid-2030s. These case countries can show the tendencies of military development of NATO European member states in the whole taking into account the differences between Germany and Norway in terms of the geographical location, the population as the main human resource of the armed forces, as well as the transformation of leadership and dynamics of relations between the “historical West” and the Russian Federation, which allows us to characterize the overall trends in the military and political development of European NATO member states. Results. It is proved that the growth of military potential is based on two main groups of reasons. The first is due to the strategic deterioration of relations between the West and Russia since the mid-2010s. The second is that the armed forces of the European member States of NATO have reached the “bottom” position in terms of almost all quantitative parameters. The continuing trend of decreasing numerical indicators (people and technology) threatens to reduce the role of the state on the world stage. Therefore, it is natural to see Germany’s desire to become a “framework nation” in the recruitment of NATO rotation groups in Europe, as well as in the deployment of peacebuilding and peacekeeping missions outside the area of responsibility of the Alliance, which inevitably leads to a large-scale increase in the number of armed forces and the cost of their modernization. In the case of Norway the transformation of the armed forces occurs in the conditions of refusal to increase included human resources and enhance the value of the military presence of NATO partners (primarily the US) first of all in the process of reorganizing the national system of territorial defense. In both cases, there are still tendencies to transform the role of the US in Europe and to consolidate the confrontation with the Russian Federation.

scholarly journals ILLEGAL MIGRATION AND THE ROLE OF THE SLOVENIAN ARMED FORCES

2020 ◽  
pp. 67-86
Author(s):  
LILIANA BROŽIČ
Keyword(s):  
Key Words ◽  
Armed Forces ◽  
Illegal Migration ◽  
Migration Flow ◽  
Member States ◽  
Eu Member States ◽  
The Right ◽  
The Military

Povzetek Slovenska vojska pomaga Policiji pri varovanju zunanje schengenske meje od evropske migrantske krize leta 2015. Čeprav krize ni več, število ilegalnih migracij leta 2020 ne pojenja. Slovenska vojska še intenzivneje podpira Policijo pri preprečevanju ilegalnih prehodov meje tudi na notranji evropski meji z Italijo. Vojska pomaga pri preprečevanju ilegalnih migracij tudi v drugih državah članicah EU. V prispevku poskušamo ugotoviti, katero vlogo imajo oborožene sile pri preprečevanju ilegalnih migracij, ali je njihova uporaba na mejah pri preprečevanju ilegalnih migracij pravi odgovor na nacionalni in evropski ravni ter kako to vpliva na opravljanje njenih temeljnih nalog. Ključne besede EU, ilegalne migracije, oborožene sile, Slovenska vojska, Policija. Abstract The Slovenian Armed Forces have been assisting the police in protecting the Schengen external border since the European migrant crisis of 2015. Despite the fact that the crisis is over, the number of illegal migrations in 2020 is not decreasing, and the Slovenian Armed Forces is supporting the police even more intensively at the internal European border with Italy. The military also helps to prevent illegal migration flow in other EU Member States. In this paper, we try to analyze the role of the armed forces in the prevention of illegal migration, and determine whether their use at the borders in the prevention of illegal migration is the right answer both at the national and the European levels, and what effects it has on the SAF's ability to do its primary job. Key words EU, illegal migration, military, Slovenian Armed Forces, Police.

The Guatemalan Military Since the Peace Accords: The Fate of Reform Under Arzú and Portillo

2005 ◽  
Vol 47 (1) ◽  
pp. 55-85
Author(s):  
J. Mark Ruhl
Keyword(s):  
Political Power ◽  
Armed Forces ◽  
Institutional Autonomy ◽  
Civil Military Relations ◽  
Democratic Control ◽  
Peace Accords ◽  
Military Relations ◽  
The Military

AbstractThe Guatemalan military dominated the country's politics for nearly half a century, but its political power declined during the 1990s. Democratically elected presidents Alvaro Arzú (1996–2000) and Alfonso Portillo (2000–2004) subordinated the armed forces to their authority and thereby gained an unprecedented opportunity to reduce the role of the military and institutionalize democratic civil-military relations. Unfortunately, neither of these tasks was accomplished. An analysis of the level of democratic control, combining Alfred Stepan's military prerogatives indicators with a newer system of measurement and classification designed by Samuel Fitch, shows that the armed forces retained substantial institutional autonomy and de facto legal immunity when Portillo left office in 2004. The role of the military in Guatemalan society, moreover, expanded again under Portillo after declining under Arzú. This study finds that the lack of sufficient civilian commitment to reform, rather than resistance from the armed forces, was the principal cause of these disappointing outcomes.

Serbia’s Civil-Military Relations

2020 ◽  
Author(s):  
Filip Ejdus
Keyword(s):  
19Th Century ◽  
Decisive Role ◽  
Armed Forces ◽  
State Building ◽  
Civil Military Relations ◽  
Democratic Control ◽  
Military Relations ◽  
The 19Th Century ◽  
The Military

When, how, why, and to what effect did the military involve itself in Serbia’s politics? Due to its decisive role in national liberation and state-building, the Serbian military has always enjoyed high societal reputation. Since the 19th century, the military also played an important role of a nation-builder and social elevator for the lower strata of society. However, Serbia also has a very long tradition of military involvement in politics with several coups that decisively shaped the course of national history. Since the outset of Serbia’s state-building in the first half of the 19th century, Serbia experienced four successful military coups and many occasions when its armed forces were used to quash domestic unrest. The reasons behind the robust involvement of armed forces in Serbian (and Yugoslav politics) have been diverse and ranged from an ambition to provide internal stability and defend national or corporate interests to a desire to change the country’s foreign policy orientation. Since the end of the Cold War, the military played an ambiguous role on some occasions undermining democracy, while on others being an agent of democratic transformation. Since 2006, the military of Serbia has been placed under civilian democratic control and seems to have internalized its role of a politically neutral and professional force with a mission to defend the country, support civilian authorities in the event of emergency, and contribute to international peace and security. Still, the ongoing democratic backsliding, the lack of clarity about the state’s strategic outlook, and the still unresolved status of Serbia’s former province Kosovo all preserve the potential for civil-military tensions in the future.

scholarly journals Development of armed forces in the European Union

2003 ◽  
Vol 55 (3-4) ◽  
pp. 339-353 ◽  
Author(s):  
Dejan Gajic
Keyword(s):  
European Union ◽  
Security Policy ◽  
Armed Forces ◽  
European Countries ◽  
The European Union ◽  
Foreign And Security Policy ◽  
The Common ◽  
The Military ◽  
The Eu

After the end of World War II leaders of the West European countries had realised the necessity to create new security frameworks, thus making the security of the continent the concern of the Europeans themselves. However, immediately after it had been formed the North Atlantic Alliance, as a trans-Atlantic defence shield against the danger from the "communist East", became the central security component in Europe. Just after the end of the Cold War and disappearance of the "danger from the East" the European leaders initiated the process of creation of the new European defence system. The system would be designed in such a way not to jeopardise the position of the NATO, improving at the same time the security and stability in the continent. In the first part of the article the author considers the course of European integration in the second half of the last century that proceeded through creation of institutions preceding the establishment of the European Union. During the period of creation of this specific form of action performed by the European states at the internal and international levels, the deficiency of integration in the military field was notable. In that regard, the author stresses the role of the Western European Union as an alliance for collective defence of West European countries. The second part of the paper discusses the shaping of the EU security component through the provisions on the Common Foreign and Security Policy, which are included in the EU agreements. The Maastricht Treaty defined the Common Foreign and Security Policy as an instrument to reach agreement by member states in the defence field. The Amsterdam Treaty confirmed the role of this mechanism expanding the authorities resulting from it. The Treaty of Nice supplements the existing mechanism by a new military and political structure that should help implement the decisions made by the European Union institutions in the military field. In the third part of the article, the author presents the facts concerning the establishment and internal organisation of the Eurocorps. The creation of this military formation took place in early 1990s and was initiated by the two states of "the old Europe" - Germany and France. The authors also emphasises that the establishment of this formation is the first step towards creation of the armed forces in Europe. The fourth part of the paper treats the Rapid Reaction Force that was established by the Helsinki Agreement (1999). It became operative in early 2003 and its basic aim is to prevent the outbreak of crises in the region and to improve stability in Europe. In spite of the opinions that the establishment of such a force is the skeleton for creation of the European armed forces, the author thinks that, at least in the near future, they will not be a rival to the NATO. In his opinion, their possible military missions will be carried out only when the alliance takes no interest in being engaged in them.

THE EFFECT OF THE RELIGIOUS FACTOR ON THE MILITARY MEN VALUE BASED ORIENTATION FORMING

2020 ◽  
Vol 10 (4) ◽  
pp. 137-142
Author(s):  
ALEXEY ROMAKHIN ◽  
Keyword(s):  
Russian Federation ◽  
Military Personnel ◽  
Armed Forces ◽  
Value Orientations ◽  
Russian Army ◽  
Religious Factor ◽  
The Russian Federation ◽  
Role Of Religion ◽  
The Military

This article reveals the problem of the role of the religious factor in the formation of the value orientations of the military personnel of the Russian army from its inception to the present state. In the article, the author reveals the significance of the Church in the formation of the value orientations of military personnel. The problem of religious situation in foreign armies is considered. The article presents data from sociological studies confirming the increase in the number of religious servicemen in the modern Armed Forces. The concept of “religious factor” is revealed. The author suggests considering the influence of the religious factor on the formation of value orientations through the functions of religion. The article provides examples of the influence of religion on the formation of value orientations of military personnel from the time of the Baptism of Russia to the present. Examples of writers of Russian classical literature about the influence of religion on the morale of troops are given. Examples of religious participation in major battles and wars of the past years are shown. The significance of the religious factor in uniting the people and the army is shown. The work of officials of the Ministry of defense of the Russian Federation in strengthening values among military personnel in modern conditions is demonstrated. The role of the Minister of defense of the Russian Federation, General of the army S.K. Shoigu in strengthening the faith of the Russian army is outlined. Issues related to the construction of the Main Temple of the Armed Forces and its impact on the public masses were discussed. In this study, the author aims to show the significant role of religion in the formation of value orientations in Russian military personnel. The analysis shows an increasing role of religion in the minds of military personnel in modern conditions.

Mental well-being interventions in the military: The ten key principles

2021 ◽  
pp. bmjmilitary-2020-001740
Author(s):  
Erin G Lawrence ◽  
N Jones ◽  
N Greenberg ◽  
N T Fear ◽  
S Wessely ◽  
...  
Keyword(s):  
Armed Forces ◽  
Well Being ◽  
The United Kingdom ◽  
Raising Awareness ◽  
Mental Health Interventions ◽  
External Training ◽  
The Military ◽  
Mental Well Being ◽  
Single Versus

Organisations including the United Kingdom Armed Forces should seek to implement mental health interventions to increase the psychological well-being of their workforce. This editorial briefly presents ten key principles that military forces should consider before implementing such interventions. These include job-focused training; evaluating interventions; the use of internal versus external training providers; the role of leaders; unit cohesion, single versus multiple session psychological interventions; not overgeneralising the applicability of interventions; the need for repeated skills practice; raising awareness and the fallibility of screening.

scholarly journals THE ROLE OF MARTIAL COURT IN THE PERSPECTIVE OF LAW ENFORCEMENT IN INDONESIA

2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas
Keyword(s):  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Court System ◽  
Criminal Offenses ◽  
The Law ◽  
Law And Justice ◽  
The Republic ◽  
The Military

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.

Respect for gender equality as a component of civilian democratic control over the military organisation of the state

2021 ◽  
Vol 28 (1) ◽  
pp. 52-60
Author(s):  
Yuliia Yu. Bobrova ◽  
Yuriy O. Bobrov
Keyword(s):  
Gender Equality ◽  
Social Relations ◽  
Armed Forces ◽  
The State ◽  
Public Attention ◽  
Men And Women ◽  
Gender Balance ◽  
Democratic Control ◽  
The Military ◽  
The Impact

The analysis of numerous scientific publications demonstrates the great relevance of gender studies at the current stage of Ukrainian social development, in almost all spheres of social relations. As for ensuring equal participation of men and women in the functioning of the military organisation of the state, the implementation of such a gender balance contributes to improving civilian control over it through the possibility of developing the capacity of regulatory bodies in gender issues, promoting dialogue between the community and control bodies, and drawing public attention to the problems of accountability of institutions of this organisation. The main purpose of this study is to highlight the state of gender equality in the military organisation of the state through the lens of civilian democratic control. The study determined the state of legislative regulation of the concept of military organisation of the state and civil democratic control. The study analysed the introduction of a gender perspective in Ukraine in the subject matter and the dynamics of establishing a gender balance in the military organisation of the state; the impact on existing trends of legislative initiatives. It is stated that the modern Ukrainian army is mostly “male”. Despite the fact that women are allowed to serve in the military, they do not take part in making socially important decisions, they do not hold high military positions, and career growth is challenging for them. The study identified the main problems of implementing gender equality in the Armed Forces of Ukraine and other structures of the Defence Forces of Ukraine, which are more based on social stereotypes of pre-defined roles for men and women. Civil control over the Armed Forces is described as a socio-political process in this area

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