1. DCAF Conference on the OSCE Code 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? 1.Primacy of democratic constitutional civilian power over military power 2.Subjugation of armed forces to the norms and prescriptions of international humanitarian law 3.Respect of the human rights and fundamental freedoms of the armed forces 4.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