This chapter examines the ways in which the sovereign, monocultural, and monist state that was dominant in Latin America starting in the nineteenth century has mutated over the last thirty-six years. It begins by offering a description of the initially dominant model and then introduces the multicultural liberal and radical intercultural models that replaced it by politically and legally recognizing the cultural diversity that characterizes Latin American societies. The chapter then explores the discursive and practical challenges generated by illegal normative systems (such as those managed by guerilla or paramilitary groups, or criminal organizations), and by extralegal normative system (such as the regulation of private property in peripheral urban neighborhoods) which compete with the sovereignty of states and official law. The constitutional bloc, the Inter-American Human Rights System, and bilateral or multilateral treaties signed by Latin American states further pluralize legal creation and weaken the concept of absolute state sovereignty. This chapter characterizes these developments as instances of either weak or strong legal pluralism.

In Chapter 5, we reflect on the ethical challenges of irregular warfare. In special operations doctrine, irregular warfare most often involves working ’through, with or by’ foreign guerrillas (unconventional warfare) or foreign counter-guerrilla forces (foreign internal defence). Engaging in armed conflict through proxies can seem like a cheap and low-risk option to policy-makers, but it also contains the potential for conflicts of interest and priorities inherent in all principal–agent relationships. If a powerful state (the principal) feels it has achieved its war aims, can it simply withdraw from a fight in which their proxies (the agent) and their SOF partners are still engaged? Likewise, proxies have incentives to mislead sponsor states as to their capabilities, intentions, and commitment to ethical warfighting. To what extent are SOF morally accountable for the ethical conduct of the foreign combatants whom they advise?

This chapter discusses lawful combatancy and the necessity for irregular forces to use clandestine methods; illustrated by the debate between the ‘patriot school’ and the ‘military school’.