Civil-Military Relations and Democratic Control of the Security Sector

Civilian Courts vs. Military Courts in the Democratic State
Servicemen have a duty to disobey illegal (criminal) orders or orders, which clearly and obviously
violate human dignity and do not justify their actions by referring to committing them upon
an order. The individual accountability of even servicemen and the rank and file in the military
pose a tremendous responsibility on the shoulders of both officers and soldiers. Nevertheless, it
is an important dimension in strengthening military jurisdiction and providing the highest possible
level of lawful conduct of the military and defense personnel.
A strong and efficient system of military courts and military jurisdiction assuring impartial and
objective enforcement of legal provisions also serve as an effective means to prevent professional
misconduct and violations of international humanitarian law and human rights as they
leave no doubt that such offenses will be persecuted by competent domestic and international
judicial institutions.
In a world of comprehensive security, the mingling of military and non-military threats and
challenges, and increasing civil-military cooperation in terms of national and international security
affairs, the issue of military justice plays an ever more important role. The moral and legal
challenges in an environment that features asymmetric warfare and confronts regular soldiers
and military establishments with adversaries neglecting virtually all provisions of international
humanitarian law are immense. When soldiers are carrying out their missions that demand
flexibility and creative adjustment to rapidly changing conditions, legal protection, as well as
enforcing legally appropriate behavior under all possible circumstances are of utmost importance.
In a democratic context, this can only be achieved if the system of military justice is a fully
integrated and accepted part of national jurisdiction, irrespective of how the military legal
scheme is detailed within the nation’s juridical power.
Part V
THE ROLE OF CIVIL SOCIETY IN THE DEMOCRATIC CONTROL
OF THE SECURITY SECTOR
Chapter 15
Civil Society Security Expertise. Role of Think-Tanks and
Activist NGOs
From security of the state to societal security
Since the end of the Cold War the occurrence of interstate violent conflict is steadily diminishing.
Instead, intrastate conflicts proliferate. Non-military security issues related to economy,
environment and human rights are increasingly considered as essential components of the
security agenda. Therefore, the international community largely recognizes that individuals and
social groups need to be protected, and not just states.
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