10. Civilian – military relations in a democracy Zdeněk Kříž The year 2009 marked 20 years since the Velvet Revolution of the late 1980s/early 1990s resulted in the downfall of the Communist regime in Czechoslovakia. The election of Václav Havel as President in late 1989 was the symbolic beginning of fundamental changes in Czech society. A complex process was launched to transform a totalitarian post-Soviet socialist society into a standard liberal democracy with a market economy; this transformation is and will long continue to be a topic of central interest for researchers. Despite the general skepticism prevalent in Czech and Slovak society it is undeniable that both of these states countries have become viable democracies with functioning, competitive market economies. Proof of the transformation’s overall success lies in the membership of both successor states of the old Czechoslovakia in the North Atlantic alliance, the European Union, and the Council of Europe. The goal of this text is to sum up in a readable form the main principles underlying civilian-military relations in a consolidated, stable democracy.1 10.1. Civilian-military relations in a consolidated democracy 10.1.1 Primacy of legitimate democratic political representation over the armed forces In the 19th century democratic societies began to have to deal with the existence of a professional officer corps. This distinct group of military professionals arose as a result of the introduction of modern technology and the gradual process of mechanization of war which, as This study text is based on an article by Zdeněk Kříž, The Army and Politics in the Czech Republic Twenty Years after the Velvet Revolution. Armed Forces & Society 36(4) 2010, 627 –646. 1 1 the Tofflers note, was a reflection of the overall mechanization of production in the Western countries. The Tofflers refer in this context to second-wave wars.2 Several models of democracy exist in the political science literature. However, insufficient attention is often given to the risks inherent in the very existence of a professional officer corps, and the importance of military subordination to the political leadership. For our considerations we may refer to the theory of Robert Dahl that democracy is not viable without civilian control of the military; however, civilian control as such is not a guarantee of democratic control unless the civilian political elites are subject to the democratic process.3 Dahl is undoubtedly correct: history shows that civilian control of the armed forces may not always mean democratic control. The military was under civilian control even in National Socialist Germany, the Soviet Union, and other states with a communist party monopoly on power: all political regimes based on anti-democratic principles. Dahl’s thesis says that the key aspect of civilian-military relations in a consolidated democracy is subordination of the armed forces to democratically-legitimate political elites. To make this possible at all the civilian and political spheres must be separated from the armed forces in a manner based on classic theoretical principles of civilian-military relations as found in Samuel P. Huntington’s classic work on the topic. In democratic practice these two principles (separation between civilian, political, and military; and subordination of the military to the political sphere) is the starting point for all security policy in a country with elected political representation. Through security policy the army is given its orders and expected to carry them out. However, the armed forces often have no input into the political decision-making process other than advisory. In consolidated democracies the democratically legitimate political elites also make the decisions over allocation of social resources on behalf of defense and the armed forces. More Alvin Toffler – Heidi Toffler, War and anti-War. Making Sense of Today's Global Chaos (Warner Books: New York 1993), pp .41 – 47. 3 Robert A. Dahl, Democracy and Its Critics (London: Yale University Press, 1989), 250-251. 2 2 Huntington points out that a natural cleavage exists between the military forces as experts on the exercise of state-organized violence, and the civilian sphere.4 Nevertheless, in consolidated democracies there must be a consensus between the political sphere and the armed forces over the basic direction of the country. Separation of political institutions from the military is no a priori reason for conflict between civilian and military in a democracy. Sam C. Sarkesian presented a model of equilibrium in civilian-military affairs which takes this into account. As Sarkesian says, “the relationship between the military and society is symbiotic. The perpetuation of the liberal democratic system is based on the partnership between the military and society.”5 Also according to Rebecca L. Schiff there should be efforts to reach accord between political elites, military elites, and the citizens.6 Another characteristic of a consolidated democracy is that power over the armed forces is divided between civilian and political authority according to the principle of balance of power and a system of checks and balances. Huntington regards such division of powers as potentially dangerous and an invitation for soldiers to get involved in politics.7 Nevertheless in consolidated democracies this is a frequent and natural occurrence. In consolidated democracies the political institutions of the state create a system of institutions that serves to direct and oversee the armed forces. A classic example are the security or defense committees in parliament at the legislative level [in the legislative branch], and the national security council or national defense council at the executive level. In consolidated democracies the loyalty of the military is expressed by their oath to protect the state and not any particular political figure (such as the Führer in Nazi Germany) or any group of individuals within the state (for example the Communist Party in Samuel Huntington, The Soldier and State: The Theory and Politics of Civil Military Relations. (New York: Vintage Books): 20. 5 Sam C. Sarkesian. “Military Professionalism and Civil-Military Relations in the West,” International Science Review 2, 3, (1981): 291. 6 Rebeca L. Schiff “Civil-Military Relations Reconsidered: A Theory of Concordance Armed ForcesSociety 22, 1 (1995): 24. 7 Samuel Huntington, The Soldier and the State: the Theory and Politics of Civil-Military Relations (Cambridge: Harvard University Press, 1957). 4 3 Czechoslovakia before 1989). Under this concept the military is a politically neutral instrument of the state commanded within the limits of applicable law by the political elites who have gained power by methods in accordance with democratic principles. Soldiers naturally have a number of ways of affecting politics.8 This applies for consolidated democracies as well, for as Sarkesian says “in reality, the military is among other things a political institution and does have influence and access to the political process through a variety of informal, as well as formal, channels.”9 In consolidated democracies soldiers apply their professional knowledge through consultation for the political elites and lobbying for the interests of military institutions. Nevertheless the armed forces are not the institution that exercises authoritative control over the state’s security policy. A military coup, attempts at such, or politically motivated public statements are regarded as impermissible in a consolidated democracy, and a symptom of a dysfunctional regime. 10.1.2 Conformity with rule of law, military regulations, and military ethical codes with the principles of democracy Characteristic of civil-military relations in a consolidated democracy is the existence of a clear legal framework for the military. The creation of this legal framework is entirely in the hands of the democratically legitimate civilian political authorities. Competencies, powers, and tasks of the individual state institutions in relation to the military in democratic regimes are usually outlined in the constitution. The armed forces are not above the law; they, too, are subject to the rule of law. In a consolidated democracy there exist special organs of military justice, rules regulating their activities during time of peace which are not unlike the rules for similar civil organs, and these rules respect the general principles of due process. Specific military legal More Samuel E. Finer, ”The Man on Horseback. The role of the Military in Politics” (Boulder: Westview Press, 1988). Sam C. Sarkesian. “Military Professionalism and Civil-Military Relations in the West,” International Science Review 2, 3, (1981): 293. 8 9 4 norms and regulations apply exclusively to members of the armed services and not to civilians. These norms are not in conflict with the democratic legal order. Disciplinary action against military personnel is in principle subject to review by an independent court. Last but not least, in democratic states military regulations allow a soldier to disobey an order under certain conditions. This especially applies when to carry out an order would mean violating domestic or international law. In a democracy in most situations a solider is not required to obey an order to commit a crime. Military codes of ethics, where they exist, reflect the specific spirit, norms, and ranks of military institutions, but in a consolidated democracy they are not considered incompatible with democratic principles. 10.1.3 The democratically legitimate politician as commander-in-chief of the armed forces Primacy of democratically legitimate politicians over the armed forces means that politicians must be the ones commanding the armed forces. In a consolidated democracy the post of commander-in-chief is usually given to a democratically legitimized, civilian political figure (for example the president, prime minister, or a civilian political minister of defense). Democratically-legitimized politicians at the head of the military have access to all information that the military possesses. These politicians also decide who should fill the highest ranks in the military (chief of staff, highest-ranking officers). Politicians leading military institutions use their own control bodies to monitor the military. In their decision making, civilian political authorities rely on the expert knowledge coming out of the military structures. In evaluating the importance of the factor of civilian control for the consolidation of the democratic regime we quote Larry L. Watts who said that “there is great variation in the 5 degree of civilian presence even among NATO member countries.”10 Although academic debate continues about the necessity of civilian control for a successful democratic transformation, while political control is given great importance, it is important to acknowledge that both political and civilian oversight are required in the consolidated Western democracies. 10.1.4 Autonomy of military professionals in their area of competence Preventing interference by soldiers in the formation of state policy is a key element of military-civilian relations in a consolidated democracy. Equally important is to prevent politicians from interfering in purely military affairs, which lie beyond the range of their competencies. Civilian-military relations in consolidated democracies are characterized by a degree of autonomy for military professionals in turning political decisions into concrete military measures. The problem in all democracies, constantly being argued, re-defined and re-implemented, is what powers should pertain to politicians and what to soldiers. Allowing politicians and political ways of decision-making access to the heart of military institutions may result in military ineffectiveness, and result in diminished national security. Especially destructive to the effectiveness of military structures would be the promotion of soldiers based on their political reliability instead of professional competence. Some authors point out that many of the transitioning post-communist countries have failed to protect the army from politically-motivated measures by the political elites.11 Larry L. Watts writes that some Central and Eastern European countries have seen frequent inappropriate intervention by political elites in military matters, destroying soldiers’ trust in Larry L. Watts “Reforming Civil-military Relations in Post-Communist states: Civil Control vs. Democratic Control” Journal of Political and Military Sociology, 30, 1 (2002) 54. 11 Douglas L. Bland. “Protecting the Military from Civilian Control: A Neglected Aspect of Civil-Military Relations”. In Democratic and Civil Control Over Armed Force: Case Studies and Perspectives p. 205. (Rome: NATO Defense College International Symposium 1994) and Larry L. Watts “Reforming Civil-military Relations in Post-Communist states: Civil Control vs. Democratic Control” Journal of Political and Military Sociology 30, 1 (2002) 51– 65. 10 6 politicians.12 House-cleaning of army structures of varying degrees of intensity was conducted in all of the transitioning countries after the fall of communism. Purges designed to rid the army of politically non-loyal elements is seen in this geographic region as a natural phenomenon accompanying the systemic change in regime, and was more or less expected by both soldiers and civilians. It may be difficult to understand this phenomenon outside of its historical context. Nonetheless empirical experience with systemic change, which has been very frequent in Central and Eastern Europe compared to the Anglo-Saxon countries, shows that in all countries changes in political regime have been accompanied by efforts of varying intensity to get the army under the control of the new regime. If some Western authors have criticized these purges (for example Larry L. Watts), it must be considered what kind of sense it would have made for the new democratic regimes in Central and Eastern Europe to build their armies on military cadres loyal to MarxismLeninism and the Soviet Union, professionally grounded in the military doctrine of the Warsaw Pact, and intellectually incapable of adapting to the new realities after the end of the Cold War. 10.1.5 Civil character of the armed forces and participation by soldiers as citizens in the democratic political process In the consolidated democracies members of the armed forces are citizens of the state, which means they have rights as well as duties. In my opinion this aspect is overlooked in the classic theory on civilian-military relations based on the principle of conflict between civilian and military structures, and developed from the thesis of Samuel P. Huntington. On the other hand the concept of equilibrium in civilian-military relations developed by Sam C. Sarkesian Larry L. Watts “Reforming Civil-military Relations in Post-Communist states: Civil Control vs. Democratic Control” Journal of Political and Military Sociology, 30, 1 (2002) 51– 65. 12 7 allows us to take sufficient account of the civic identity of the armed forces.13 It is civic identity that is the unifying element between soldiers and civilians in a consolidated democracy. If the civic identity of the military is disrupted, the conditions are created for conflict in the civil-military relations of the democratic state. From the standpoint of military-civilian relations, the formation of social groups of professional soldiers in the 19th century, consisting of soldiers who are at the same time citizens, forced the democratic regimes to face the problem of finding optimal avenues for articulation, aggregation, and representation of their interests. The result of this process is that soldiers in democracies are not completely banned from politics. In most places they can vote, take part in political assemblies in civilian dress and outside of working hours, they can take a political stance, and in some cases (for example Germany) they can be elected as independent candidates on the ballots of political parties. Military professionals quite commonly advance their interests through various types of professional associations, which according to law are banned from engaging in some traditional political activities (strikes, organizing demonstrations or assemblies, political agitation in army institutions, etc.), which does not prevent them however from acting within the political decision-making system to promote their own interests. Soldiers participate in the democratic political process within the framework of their civil and not their military status. Participation by soldiers as citizens in the democratic political process is an important socializing phenomenon that involves the military in the everyday life of democratic society, and prevents the formation of a military caste removed from society and opposed to democratic principles. Sam C. Sarkesian. “Military Professionalism and Civil-Military Relations in the West,” International Science Review 2, 3, (1981): 283-297. 13 8 10.2 Acceptance of democracy by military elites As we said above, the presence of tension between military professionals and politicians is the key to Huntington’s whole theory of civilian-military relations. But as the real-life practice of consolidated democracy has shown, tension between the civilian and military spheres need not always produce conflict. And if conflict is generated, it need not affect the fundamentals of the democratic regime. Soldiers in a democracy accept the regime and do not challenge it. Conflict between soldiers and the civilian elements, if there is one, does not affect the actual principles of democracy. If the armed forces do not accept democracy as the form of government, then we are not talking about a fully consolidated democratic regime. If we speak of accepting the principles of democracy by the military in a consolidated democracy, this does not mean that individuals will not surface in the military who do not accept democracy. In a democratic society not all of the citizens will accept democracy, as shown by the existence of anti-system parties under practically every democratic regime. 10.2.1 A security community of experts independent of the military In consolidated democracies there will be a security community independent of military structures, which serves as an instrument for analytical support for the political elites in forming and evaluating military security policy. The existence of a security community in a democracy, unlike under regimes founded on a monopoly of power by the communist party, is made possible by a broad degree of transparency in military and security affairs. If we consider civilian-military relations in a consolidated democracy, we must take into account that in making political decisions political elites are to a great degree reliant on the knowledge of experts from the military sphere. This monopoly can be used by the military to influence the elected political elites in making political decisions. It can be assumed that in civilian-military relations, the importance of knowledge of military affairs for adequate 9 control of the military will continue to increase for what for what the Tofflers refer to as thirdwave militaries. If for the economies of third wave societies the main means of knowledge production are data, information, pictures, symbols, culture, philosophy, and values, according to the Tofflers these factors are key for the armies of the third wave as well14, and the power of the experts who understand these factors and know how to work with them will increase in the future. 10.2.2 Public oversight of the activities of civilian and military structures in the field of defense All affairs having to do with defense are subject to public oversight, regardless of whether they fall under the civilian-political authorities or the military. In military affairs there is a certain degree of transparency. Instruments of public oversight include the mass media, independent institutional oversight, and the citizens. The final word in setting the boundaries between public and non-public information in military affairs is held by the elected political representation. In some consolidated democracies there are independent institutions set up within the military structures that are tasked with monitoring the activities of the army. One example is the Federal Assembly’s plenipotentiary for the Bundeswehr (Wehrbeauftragte). Last but not least a public oversight role over military affairs can be played by citizens themselves. This is true especially for a conscripted military. In a conscripted military a large proportion of citizens gain personal experience with reality in the military forces, which on one hand can lead to the penetration of the military mentality and ways of dealing with problems into civilian society; on the other hand it forces the military to deal with the opinions of civilian society. It is important that a broad swath of civil society have personal 14 More Alvin Toffler – Heidi Toffler, War and anti-War Making Sense of Today's Global Chaos, pp.73 - 93 10 experience with the workings of the armed forces and can be less subject to manipulation by marketing specialists paid by the military that might aim to conceal the real situation in the armed forces. 10.7 Conclusion Research on civil-military relations has a long tradition in Western sociology and political science, shaped by the works of Samuel P. Huntington15, Moris Janowitz16, Samuel E. Finer17, and many others. Unfortunately no one has come up with an applicable, logically sound, comprehensive, empirically-tested and concise theory of civil-military relations. Authors that try come up against many obstacles. The largest, in the words of Douglas L. Bland, is that “understanding civil-military relations has been hindered at least from a theoretical and international perspective by ethnocentric analysis, narrow definitions of the problem, dogmatic demands for unconditional civilian control, and an inability to adequately explain, theoretically and otherwise, what is meant by the term civilian control and how exactly civilians might exercise it.”18 Even so, the above-described principles can be considered the minimum requirement for democratic civil-military relations. For research on civil-military relations it is important to realize that the existing theoretical framework of civil-military relations is still being developed and revised on the basis of the experience gained during the transformation process in the former communist countries. Samuel P. Huntington, The Soldier and State: The Theory and Politics of Civil Military Relations. (New York: Vintage Books, 1957) 16 Moris Janowitz, “The Professional Soldier: A Social and Political Portrait” (New York: The Free Press, 1960) 17 Samuel E. Finer, ”The Man on Horseback. The role of the Military in Politics” (Boulder: Westview Press, 1988) 18 Douglas L. Bland, “Patterns in Liberal Democratic Civil-Military Relations” Armed ForcesSociety 27, 4 (2001): 527. 15 11