11Note: This document was adopted at the
91st Plenary Meeting of the Special Committee of the CSCE Forum
for Security Co-operation in Budapest on 3 December 1994 (ref. FSC/Journal
No. 94)
The participating States of the Conference
on Security and Co-operation in Europe (CSCE),
Recognizing the need to enhance security
co-operation, including through the further encouragement of norms of responsible
and co-operative behaviour in the field of security,
Confirming that nothing in this Code diminishes
the validity and applicability of the purposes and principles of the Charter
of the United Nations or of other provisions of international law,
Reaffirming the undiminished validity
of the guiding principles and common values of the Helsinki Final Act,
the Charter of Paris and the Helsinki Document 1992, embodying responsibilities
of States towards each other and of governments towards their people, as
well as the validity of other CSCE commitments,
Have adopted the following Code of Conduct
on politico-military aspects of security:
I
1. The participating States emphasize
that the full respect for all CSCE principles embodied in the Helsinki
Final Act and the implementation in good faith of all commitments undertaken
in the CSCE are of fundamental importance for stability and security, and
consequently constitute a matter of direct and legitimate concern to all
of them.
2. The participating States confirm the
continuing validity of their comprehensive concept of security, as initiated
in the Final Act, which relates the maintenance of peace to the respect
for human rights and fundamental freedoms. It links economic and environmental
co-operation with peaceful inter-State relations.
3. They remain convinced that security
is indivisible and that the security of each of them is inseparably linked
to the security of all others. They will not strengthen their security
at the expense of the security of other States. They will pursue their
own security interests in conformity with the common effort to strengthen
security and stability in the CSCE area and beyond.
4. Reaffirming their respect for each
other's sovereign equality and individuality as well as the rights inherent
in and encompassed by its sovereignty, the participating States will base
their mutual security relations upon a co-operative approach. They emphasize
in this regard the key role of the CSCE. They will continue to develop
complementary and mutually reinforcing institutions that include European
and transatlantic organizations, multilateral and bilateral undertakings
and various forms of regional and subregional co-operation. The participating
States will co-operate in ensuring that all such security arrangements
are in harmony with CSCE principles and commitments under this Code.
5. They are determined to act in solidarity
if CSCE norms and commitments are violated and to facilitate concerted
responses to security challenges that they may face as a result. They will
consult promptly, in conformity with their CSCE responsibilities, with
a participating State seeking assistance in realizing its individual or
collective self-defence. They will consider jointly the nature of the threat
and actions that may be required in defence of their common values.
III
7. The participating States recall that
the principles of the Helsinki Final Act are all of primary significance
and, accordingly, that they will be equally and unreservedly applied, each
of them being interpreted taking into account the others.
8. The participating States will not provide
assistance to or support States that are in violation of their obligation
to refrain from the threat or use of force against the territorial integrity
or political independence of any State, or in any other manner inconsistent
with the Charter of the United Nations and with the Declaration on Principles
Guiding Relations between Participating States contained in the Helsinki
Final Act.
IV
9. The participating States reaffirm the
inherent right, as recognized in the Charter of the United Nations, of
individual and collective self-defence.
10. Each participating State, bearing
in mind the legitimate security concerns of other States, is free to determine
its security interests itself on the basis of sovereign equality and has
the right freely to choose its own security arrangements, in accordance
with international law and with commitments to CSCE principles and objectives.
11. The participating States each have
the sovereign right to belong or not to belong to international organizations,
and to be or not to be a party to bilateral or multilateral treaties, including
treaties of alliance; they also have the right to neutrality. Each has
the right to change its status in this respect, subject to relevant agreements
and procedures. Each will respect the rights of all others in this regard.
12. Each participating State will maintain
only such military capabilities as are commensurate with individual or
collective legitimate security needs, taking into account its obligations
under international law.
13. Each participating State will determine
its military capabilities on the basis of national democratic procedures,
bearing in mind the legitimate security concerns of other States as well
as the need to contribute to international security and stability. No participating
State will attempt to impose military domination over any other participating
State.
14. A participating State may station
its armed forces on the territory of another participating State in accordance
with their freely negotiated agreement as well as in accordance with international
law.
V
15. The participating States will implement
in good faith each of their commitments in the field of arms control, disarmament
and confidence- and security-building as an important element of their
indivisible security.
16. With a view to enhancing security
and stability in the CSCE area, the participating States reaffirm their
commitment to pursue arms control, disarmament and confidence- and security-building
measures.
VI
17. The participating States commit themselves
to co-operate, including through development of sound economic and environmental
conditions, to counter tensions that may lead to conflict. The sources
of such tensions include violations of human rights and fundamental freedoms
and of other commitments in the human dimension; manifestations of aggressive
nationalism, racism, chauvinism, xenophobia and anti-semitism also endanger
peace and security.
18. The participating States stress the
importance both of early identification of potential conflicts and of their
joint efforts in the field of conflict prevention, crisis management and
peaceful settlement of disputes.
19. In the event of armed conflict, they
will seek to facilitate the effective cessation of hostilities and seek
to create conditions favourable to the political solution of the conflict.
They will co-operate in support of humanitarian assistance to alleviate
suffering among the civilian population, including facilitating the movement
of personnel and resources dedicated to such tasks.
VII
20. The participating States consider
the democratic political control of military, paramilitary and internal
security forces as well as of intelligence services and the police to be
an indispensable element of stability and security. They will further the
integration of their armed forces with civil society as an important expression
of democracy.
21. Each participating State will at all
times provide for and maintain effective guidance to and control of its
military, paramilitary and security forces by constitutionally established
authorities vested with democratic legitimacy. Each participating State
will provide controls to ensure that such authorities fulfil their constitutional
and legal responsibilities. They will clearly define the roles and missions
of such forces and their obligation to act solely within the constitutional
framework.
22. Each participating State will provide
for its legislative approval of defence expenditures. Each participating
State will, with due regard to national security requirements, exercise
restraint in its military expenditures and provide for transparency and
public access to information related to the armed forces.
23. Each participating State, while providing
for the individual service member's exercise of his or her civil rights,
will ensure that its armed forces as such are politically neutral.
24. Each participating State will provide
and maintain measures to guard against accidental or unauthorized use of
military means.
25. The participating States will not
tolerate or support forces that are not accountable to or controlled by
their constitutionally established authorities. If a participating State
is unable to exercise its authority over such forces, it may seek consultations
within the CSCE to consider steps to be taken.
26. Each participating State will ensure
that in accordance with its international commitments its paramilitary
forces refrain from the acquisition of combat mission capabilities in excess
of those for which they were established.
27. Each participating State will ensure
that the recruitment or call-up of personnel for service in its military,
paramilitary and security forces is consistent with its obligations and
commitments in respect of human rights and fundamental freedoms.
28. The participating States will reflect
in their laws or other relevant documents the rights and duties of armed
forces personnel. They will consider introducing exemptions from or alternatives
to military service.
29. The participating States will make
widely available in their respective countries the international humanitarian
law of war. They will reflect, in accordance with national practice, their
commitments in this field in their military training programmes and regulations.
30. Each participating State will instruct
its armed forces personnel in international humanitarian law, rules, conventions
and commitments governing armed conflict and will ensure that such personnel
are aware that they are individually accountable under national and international
law for their actions.
31. The participating States will ensure
that armed forces personnel vested with command authority exercise it in
accordance with relevant national as well as international law and are
made aware that they can be held individually accountable under those laws
for the unlawful exercise of such authority and that orders contrary to
national and international law must not be given. The responsibility of
superiors does not exempt subordinates from any of their individual responsibilities.
32. Each participating State will ensure
that military, paramilitary and security forces personnel will be able
to enjoy and exercise their human rights and fundamental freedoms as reflected
in CSCE documents and international law, in conformity with relevant constitutional
and legal provisions and with the requirements of service.
33. Each participating State will provide
appropriate legal and administrative procedures to protect the rights of
all its forces personnel.
VIII
34. Each participating State will ensure
that its armed forces are, in peace and in war, commanded, manned, trained
and equipped in ways that are consistent with the provisions of international
law and its respective obligations and commitments related to the use of
armed forces in armed conflict, including as applicable the Hague Conventions
of 1907 and 1954, the Geneva Conventions of 1949 and the 1977 Protocols
Additional thereto, as well as the 1980 Convention on the Use of Certain
Conventional Weapons.
35. Each participating State will ensure
that its defence policy and doctrine are consistent with international
law related to the use of armed forces, including in armed conflict, and
the relevant commitments of this Code.
36. Each participating State will ensure
that any decision to assign its armed forces to internal security missions
is arrived at in conformity with constitutional procedures. Such decisions
will prescribe the armed forces' missions, ensuring that they will be performed
under the effective control of constitutionally established authorities
and subject to the rule of law. If recourse to force cannot be avoided
in performing internal security missions, each participating State will
ensure that its use must be commensurate with the needs for enforcement.
The armed forces will take due care to avoid injury to civilians or their
property.
37. The participating States will not
use armed forces to limit the peaceful and lawful exercise of their human
and civil rights by persons as individuals or as representatives of groups
nor to deprive them of their national, religious, cultural, linguistic
or ethnic identity.
IX
38. Each participating State is responsible
for implementation of this Code. If requested, a participating State will
provide appropriate clarification regarding its implementation of the Code.
Appropriate CSCE bodies, mechanisms and procedures will be used to assess,
review and improve if necessary the implementation of this Code.
X
39. The provisions adopted in this Code
of Conduct are politically binding. Accordingly, this Code is not eligible
for registration under Article 102 of the Charter of the United Nations.
This Code will come into effect on 1 January 1995.
40. Nothing in this Code alters the nature
and content of the commitments undertaken in other CSCE documents.
41. The participating States will seek
to ensure that their relevant internal documents and procedures or, where
appropriate, legal instruments reflect the commitments made in this Code.
42. The text of the Code will be published
in each participating State, which will disseminate it and make it known
as widely as possible.