Proper Role of Professional Military Advice in Contemporary Uses of Force

摘要

Since the end of the Cold War, the use of force in international relations and human rights components of international law have emerged as a reason for the use of force. Although humanitarian and human rights law experienced a considerable expansion after World War II, the future of the Cold War rivalry largely blocked intervention based on it. Since the end of the Cold War (most clearly in Kosovo) major powers have shown a willingness to use force in the name of human rights and humanitarian concerns which trumps or overshadows more traditional understandings of the sovereign plight of states over their internal affairs. To what degree are we witnessing a genuine shift in the moral and political understanding of states and their relationships to their own citizens. Are we indeed witnessing the birth of a new world order. Will a universal understanding of human rights form the basis of a successor to the Westphalian system, which purchased international stability at the price of the religious liberties of individuals and established state sovereignty as the cornerstone of international affairs. Is the post-World War II promise that 'never again' would the world stand by while massive violations of human rights occur about to be fulfilled.