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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