The objective qualification of non-international armed conflicts: A Colombian case study

<p>Armed conflict has raged in Colombia since at least the 1960’s, involving governmental forces, rebel groups, and paramilitary forces. The Uribe government (2002-2010) declared that Colombia was not in a ‘state of armed conflict’ but was rather facing a ‘terrorist threat’. This decla...

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Autores principales:	Sebastian Machado, Guillermo Otálora Lozano
Formato:	article
Lenguaje:	EN
Publicado:	Amsterdam Law Forum 2012
Materias:	armed conflict Colombia FARC international humanitarian law Law K
Acceso en línea:	https://doaj.org/article/bfe6491b26474aabba91b6ecc0c5559c
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id	oai:doaj.org-article:bfe6491b26474aabba91b6ecc0c5559c
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spelling	oai:doaj.org-article:bfe6491b26474aabba91b6ecc0c5559c2021-12-02T06:48:45ZThe objective qualification of non-international armed conflicts: A Colombian case study1876-8156https://doaj.org/article/bfe6491b26474aabba91b6ecc0c5559c2012-02-01T00:00:00Zhttp://ojs.ubvu.vu.nl/alf/article/view/252https://doaj.org/toc/1876-8156<p>Armed conflict has raged in Colombia since at least the 1960’s, involving governmental forces, rebel groups, and paramilitary forces. The Uribe government (2002-2010) declared that Colombia was not in a ‘state of armed conflict’ but was rather facing a ‘terrorist threat’. This declaration was done in fear of conferring a political status to the armed groups, and most particularly, in fear that a recognition of armed conflict would open the possibility of endowing the Revolutionary Armed Forces of Colombia (FARC) with a ‘belligerency status’. From a legal point of view, the government’s fears were unfounded, since contemporary international humanitarian law does not require a formal for a situation to qualify as armed conflict. During the Uribe administration, efforts were made by the Ministry of Defense to identify operational rules of engagement with precision, violations of international humanitarian law were publicly denounced, and the apex courts adjudicated on issues of international humanitarian law. This seemingly paradoxical situation illustrates the importance of the objective definition of armed conflict, which has been a defining characteristic of international humanitarian law since 1949.</p> <p> </p>Sebastian MachadoGuillermo Otálora LozanoAmsterdam Law Forumarticlearmed conflictColombiaFARCinternational humanitarian lawLawKENAmsterdam Law Forum, Vol 4, Iss 1, Pp 58-77 (2012)
institution	DOAJ
collection	DOAJ
language	EN
topic	armed conflict Colombia FARC international humanitarian law Law K
spellingShingle	armed conflict Colombia FARC international humanitarian law Law K Sebastian Machado Guillermo Otálora Lozano The objective qualification of non-international armed conflicts: A Colombian case study
description	<p>Armed conflict has raged in Colombia since at least the 1960’s, involving governmental forces, rebel groups, and paramilitary forces. The Uribe government (2002-2010) declared that Colombia was not in a ‘state of armed conflict’ but was rather facing a ‘terrorist threat’. This declaration was done in fear of conferring a political status to the armed groups, and most particularly, in fear that a recognition of armed conflict would open the possibility of endowing the Revolutionary Armed Forces of Colombia (FARC) with a ‘belligerency status’. From a legal point of view, the government’s fears were unfounded, since contemporary international humanitarian law does not require a formal for a situation to qualify as armed conflict. During the Uribe administration, efforts were made by the Ministry of Defense to identify operational rules of engagement with precision, violations of international humanitarian law were publicly denounced, and the apex courts adjudicated on issues of international humanitarian law. This seemingly paradoxical situation illustrates the importance of the objective definition of armed conflict, which has been a defining characteristic of international humanitarian law since 1949.</p> <p> </p>
format	article
author	Sebastian Machado Guillermo Otálora Lozano
author_facet	Sebastian Machado Guillermo Otálora Lozano
author_sort	Sebastian Machado
title	The objective qualification of non-international armed conflicts: A Colombian case study
title_short	The objective qualification of non-international armed conflicts: A Colombian case study
title_full	The objective qualification of non-international armed conflicts: A Colombian case study
title_fullStr	The objective qualification of non-international armed conflicts: A Colombian case study
title_full_unstemmed	The objective qualification of non-international armed conflicts: A Colombian case study
title_sort	objective qualification of non-international armed conflicts: a colombian case study
publisher	Amsterdam Law Forum
publishDate	2012
url	https://doaj.org/article/bfe6491b26474aabba91b6ecc0c5559c
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The objective qualification of non-international armed conflicts: A Colombian case study

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