Rule of law and democratic control of armed forces in the post-cold war era

Abstract

The article examines the thesis that rule of law and the democratic control of armed forces go hand by hand, which is taken for granted equally in Western democracies and the transitional societies. The author spells out a new challenges in the post-Cold world era that have made this equation more disputable. Western democracies face new security challenges, which call for a new legal framework for the democratic control of somewhat internationalised armed forces, and at the same time reconciliation of the 'internationalised' military engagement with the unilateral one originating from the "last and only nation-state". Transitional societies face the dilemma "legitimacy or legality" even with regard to their security sector's civilian oversight. Good examples from the West are either not-applicable and old-fashioned, or are not good examples to follow at all.