GENEVA CENTRE FOR THE DEMOCRATIC CONTROL OF
ARMED FORCES (DCAF)
TRAINING COURSE PAPER
LEGISLATIVE AND JUDICIAL OVERSIGHT OF THE
DEFENCE SECTOR
H.E. Dr. Willem Van Eekelen
Former WEU SecGen
Netherlands
Paper presented at the Training Course on “2005 Partnership Action Plan on
Defence Institutions Building (PAP-DIB) Regional Event in the Caucasus.", held in
Tbilisi, 26-29 April 2005, organized by the Geneva Centre for the Democratic Control
of Armed Forces.
DCAF Training Course Papers
DCAF Training Course Papers constitute studies designed to promote reflection and
discussion on civil-military relations and issues of democratic control over defence and
security sector. The publication of these documents is unedited and unreviewed.
The views and opinions expressed are those of the author(s) and do not necessarily
reflect those of the Geneva Centre for the Democratic Control of Armed Forces.
DCAF Training Course Papers are not for quotation without permission from the
author(s) and the Geneva Centre for the Democratic Control of Armed Forces.
LEGISLATIVE AND JUDICAL OVERSIGHT OF THE DEFENCE
SECTOR
Willem Van Eekelen
The legislative process in defense should as much as possible resemble the one in the
civilian sphere. This because in the extreme case, the defense sector has to deal with
decisions between life and death. The government needs to be continuously evaluated. Did it
do what it promised? This question addresses the essence of democracy. NATO and EU play
a crucial function in this regard. What function does the legislation play with regard to the
defense sector? It deals with state of emergencies and serves as a contentious objector. The
state of Georgia maintains its legislation in both of those fields.
Regarding judicial oversight, much more emphasis on laws is placed in the developing than
western countries. In western countries the emphasis is rather placed on policies. Therefore,
the aspect of implementation becomes more important. Usually, the development of a policy
is a long term plan. In the defense sector, the policy is explained and concretized in an annual
budget, specifically the defense budget. It should be fairly detailed and requires an
explanatory memorandum. 10 years is considered a long term memorandum.
The judiciary should further allow for a complaint procedure within the armed forces. This
mainly relates to the fact of the soldier being a citizen in uniform. Another link should be
established with other sectors of the security sector. For instance, border guards, intelligence
etc.
Established in 2000 on the initiative of the Swiss government, the Geneva
Centre for the Democratic Control of Armed Forces (DCAF), encourages and
supports States and non-State governed institutions in their efforts to strengthen
democratic and civilian control of armed and security forces, and promotes
international cooperation within this field, initially targeting the Euro-Atlantic
regions.
The Centre collects information, undertakes research and engages in
networking activities in order to identify problems, to establish lessons learned
and to propose the best practices in the field of democratic control of armed
forces and civil-military relations. The Centre provides its expertise and support
to all interested parties, in particular governments, parliaments, military
authorities, international organisations, non-governmental organisations,
academic circles.
Geneva Centre for the Democratic Control of Armed Forces (DCAF):
rue de Chantepoulet 11, P.O.Box 1360, CH-1211 Geneva 1, Switzerland
Tel: ++41 22 741 77 00; Fax: ++41 22 741 77 05
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