Latin American governments have had to turn to their military forces to combat organized crime. The military, highly respected in most Latin American nations, has the discipline and the power of arms to counter these groups. However, the use of the military in police operations is a dangerous solution. Soldiers without adequate training or education could commit human rights violations and jeopardize the legitimacy of the military institution in the eyes of civil society. The US experience in Iraq demonstrates the risks of deploying armed forces that lack proper training. Used incorrectly, this force can be counterproductive and can jeopardize the most important strategic objective: the support of the population. Respect for human rights generates legitimacy that leads to collaboration and citizen support and intelligence opportunities for military forces.
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For a special report on the Commission, the Perry Center Publications Editor-in-Chief Patrick Paterson met with Professor Richard Wilson, Director of the International Human Rights Law Clinic at the Washington College of Law, to discuss the most important cases or reports in the history of the Commission. Professor Wilson, a frequent lecturer at the Perry Center, is a longtime observer of the Commission and Court, where he and his students have presented more than 30 cases. Of the thousands of cases and reports of the Commission, Professor Wilson selected a few that he thought were especially important or influential.
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This article examines the often contentious role that human rights promotion has played in US foreign policy in Latin America. As a longtime interloper from the North, the United States has employed many different strategies, often resulting in the election to participate in foreign countries' domestic conflicts in aid to one side or another. With regard to human rights, the fact of the matter is that the United States has failed to adopt as many human rights treaties as many other South or Central American nations have. In a globalized world more closely linked than ever before, nations are adopting human rights practices that promise to prevent injustices from occurring as they did in the past, a welcome break from the violent past in Latin America. For myriad reasons, including domestic pressures and belief in "American Exceptionalism," the United States has dodged full participation in many international legal and human rights documents, but this practice has already started to harm international cooperation with and perception of US goals abroad. The author concludes his analysis by suggesting that the United States reconsider its earlier defiance against making human rights a fully fledged tenet of its foreign policy in favor of a new, more cooperative stance.
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The use of military forces in the fight against all criminal threats that affect democracies is viable and necessary, but the important thing is to know when and how force can be used as a first option in order not to incur in an illegitimate and illegal act. This article develops the assertion by first recognizing the terms "human rights" and "international humanitarian law" and how the actions of the armed forces can be applied and restrained within the territory of a country. In addition, it recognizes the danger of the type of non-traditional warfare currently occurring against the populations of some countries, and how the mission of police and military forces must be re-evaluated and adapted to the new operating environments. Finally, this article addresses the daunting questions of how to complete these new missions successfully within legal parameters, and how to respond to "enemy" allegations and attacks that may take the form of political and judicial tactics
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Military forces in Latin America are being called upon by governments and society to contribute to the fight against non-state armed actors such as criminal gangs, drug traffickers and terrorists. In order to accomplish this task, there is the possibility of actions within the framework of human rights and international humanitarian law. If the armed groups faced by governments meet certain objective characteristics and there is political will, the application of international humanitarian law is viable, as Colombia has demonstrated; the norm is legitimate and facilitates the neutralization and dismantling of the threat.
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