This monograph is a serious and well-researched investigation into crucial factors of contemporary warfare. Readers will learn lessons on the distinctions between the Law of Armed Conflict and criminal law, particularly on important issues like lethal force, escalation of force tactics, and security detention. Professor Paterson makes a strong argument that the stated policy of respect and promotion of human rights (HR) - that has long been a guiding principle of the US military - does not translate into specific and mandatory directives at the tactical and operational levels. Indeed, he asserts that at those levels there is no formal attention to HR, only ad hoc efforts by operational units that don’t receive guiding policy. This monograph will be essential reading for policymakers and those whose task is the development of granular precepts to guide implementation and execution of policy on the ground.
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The governments of the Western Hemipshere ask more and more of the armed forces on a regular basis. In some instances they are sent overseas for peackeeping and stabilization missions. In Latin America, the armed forces are increasingly called upon to provide support to the police in very complex environmenbts, and in some jurisdictions take over public security altogether. With the exception of the military police units the use of force paradigm utilized by military forces is designed to defeat an adversary under the legal framework of international humanitarian law (IHL) otherwise known as the law of armed conflict (LOAC). Many of these new mission sets described above take place outside of war and thus outside of IHL/LOAC. This reality presents a series of challenges for armed forces as related to both accountability and the management of general military operations and conduct.
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US military personnel in Iraq and Afghanistan faced a difficult challenge. The soldiers and marines needed to combat a vicious, irregular force of insurgents. At the same time, utmost care had to be taken to avoid civilian casualties. Avoiding collateral damages was easier said than done. Senior US military leaders like Admiral Mike Mullen, General Stanley McChrystal, and General David Petraeus implemented a number of doctrinal changes to avoid civilian casualties. But changing the mindset and training of US soldiers was not an overnight task, especially when restraints on the use of force put US personnel at risk.
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This paper analyzes the evolution of the institution of self-defense and its relationship with the prohibition of the use of force. It studies the path towards the consolidation of the classical concept of self-defense, its elements and its requirements. Subsequently, he presents three positions on the evolution of this legal institution towards an anticipatory scheme, from the position of states and the instruments of international law. Finally, it shows the road ahead for the establishment and consolidation of the notion of preventive self-defense.
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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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