Military Engagement: Influencing Armed Forces Worldwide to Support Democratic Transitions

2. What the Armed Forces Look Like in a Democracy

2 15 What the Armed Forces Look Like in a Democracy Officers who serve in the armed forces of long-established democracies generally take for granted the laws and customs that govern their actions within their countries. They would never think of participating in political activity in uniform or questioning the authority of the legislature to cut their budgets . Having grown up with these customs, military officers in democracies often have little knowledge of the origins, rationale , or importance of democratic civilian authority. If officers in democracies are to convince their counterparts in autocratic systems of the superiority of military service in a democratic system, they must understand fundamental principles and the different forms they can take in different countries. The best single statement of the characteristics of the armed forces of a democracy is the December 1994 Code of Conduct on Politico-Military Aspects of Security, adopted in Budapest, Hungary, by the Organization for Security and Cooperation in europe.1 This code of conduct pledges the member nations, currently fifty-five in number, to use force only in accordance with the charter of the United Nations, and then it goes on to set forth the principles under which security services will be established and controlled. It states, “each participating State will at all times provide for and maintain effective guidance to and control of its military, paramilitary and security forces by Blair.indb 15 2/11/13 8:07 PM 16 ARMED FORCES IN A DEMOCRACY constitutionally established authorities vested with democratic legitimacy.”2 Just as democracy itself is more than elections, the role of the armed forces in a democracy is more than “civilian control of the military.”3 After all, civilian dictators often control their military forces effectively. In a democracy, the armed forces are established by the fundamental laws of the country—its constitution or legal code. Citizens of a democracy expect their armed forces to be skilled warriors, capable of deterring and defeating threats to their national interest; they hold military members to a high standard of professional and personal integrity, higher than other government officials, appointed or elected. In a democracy, the role of the armed forces is defined by laws enforceable by courts of law, established by national cultural attitudes of the people, and enshrined in the ethos of the armed forces themselves. While the specifics vary from country to country, the mature democracies have evolved a set of authorities , procedures, and practices that ensure that the armed forces play a positive role, are not involved in political activity, and are directed and overseen by other organizations of the government as well as observed closely by nongovernmental institutions such as a free press (see box on p. 17). In summary, the armed forces are a competent, honest, and respected defender of the nation’s interest, loyal and responsive to the elected national government. Constitutional and Legal Foundation In democracies the roles and functions of the armed forces are established in constitutional and legal frameworks. These legal frameworks specify the authority of the head of state to give orders to the armed forces, the authority and responsibilities of other officials in the government such as ministers of defense and their staffs, and the role of legislative bodies. They set out the procedures for sending units of the armed forces into combat , appointing and approving senior officers, providing military budgets, and purchasing military equipment and supplies. Blair.indb 16 2/11/13 8:07 PM 17 ARMED FORCES IN A DEMOCRACY Importantly, they provide the basis for legal orders to the armed forces. In 2003, for example, Admiral Michael Boyce, the chief of the British defense staff and senior uniformed officer in the armed forces, requested a legal opinion from the attorney general regarding the legality of the prime minister’s order to invade Iraq. British troops were poised for combat, but the United Nations had not given approval for military action, and there was strong and public controversy in the United Kingdom concerning both the wisdom and legality of the invasion. Admiral Boyce considered it essential to establish that the orders to his forces were legal. The responsibilities of the legislature of a country for its armed forces are especially important in a democracy. Although the government directs the armed forces on a day-to-day basis, and the head of government is generally the commander-inchief of the armed forces, in...