The armed and history conflict in Colombia
Introduction
For many years the existence or not of an internal armed conflict, a civil war and other types of conflicts, to try to explain and theorize the armed confrontation between the Colombian State and armed actors outside the margin on the margin The law, among which we have lived to mention some to the extinct guerrillas of the Revolutionary Armed Forces of Colombia, Army of the People (FARC-EP) today dissidents of the FARC, the National Liberation Army (ELN), the M -19, paramilitary groups such as the United self-Defense Forces of Colombia (AUC) and many others originated for more than 50 years of armed conflicts in the country.
Therefore, it will be sought to explain through this essay if there really in Colombia there was an internal armed conflict, its implications.
Developing
Colombia and violence
Colombia is a country in which during much of the late nineteenth and early twentie In which armed confrontations were unleashed throughout the country, mainly moved by a cause, the political cause rooted since the end of the 19th century, each election unleashed turbhes enraged by the loss of a choice by hand of the liberals or conservatives , so it was, that one of the bloodiest wars that had been lived so far, as was the War of the Thousand Days in 1899, after this, the violence began to increase after The loss of Panama, which contributes to deepen the partisan hatred that was generated in the country, according to Colombian historian Antonio Caballero in his book "History of Colombia and its oligarchies".
The period known as violence has been the cornerstone of many of the armed uprisings in the country, after the death of Jorge Eliecer Gaitán in 1949, the discontent in the social base of the country increases and many citizens tired of the lack of state presence They decided on the weapons legitimize their social struggles, making a declaration of war to the Colombian State that has led to even today many of the groups created in the second half of the 20th century are still struggling looking for weapons claiming their social struggles with which they originated.
Armed conflict, history and its possible application in Colombia
After the signing of the agreements signed in Geneva in 1949; In the year of 1977, the additional Protocol II was approved to the 1949 Geneva Conventions, which enters into force in 1994 after Law 171 of 1994 and approved with the Decree of the Ministry of International Relations after Decree 509 of 1996, which contemplates according to its first article that:
- The present protocol that develops and completes article 3 common to the Geneva agreements of August 12, 1949 without modifying its current application conditions, will be applied to all armed conflicts that are not covered by article 1 of the additional protocol to the Geneva Agreements of August 12, 1949, regarding the protection of victims of international armed conflicts (Protocol I) and that develop in the territory of a high contracting part between their armed forces and dissident armed forces or organized armed groups or organized armed groups that, under the direction of a responsible command, they exercise a part of that territory a control that allows them to carry out sustained and concerted military operations and apply this protocol.
- This protocol will not apply to situations of internal tensions and interior disturbances, such as riots, sporadic acts and isolated from violence and other similar acts, which are not armed conflicts. (Decree 509 of 1996).
Given this definition we can understand that armed conflicts are those that develop between the Colombian armed forces and dissenting armed forces or organized armed groups that, under the direction of a responsible command, exercise a part of that territory a control, which happened In the country, where guerrilla groups had control of several territories (jungles located in the Amazon, south northwest and the Colombian Orinoquía region) and that after the failed negotiations in Cagüan reaffirm more, where a territory of a territory of Free Transit to the FARC guerrillas larger than Switzerland.
In turn, different nations of the world have agreed in 1998 the Rome Statute, which creates the International Criminal Court, which determines that:
In case of armed conflict that is not internationally, the serious violations of article 3 common to the four Geneva agreements of August 12, 1949, namely any of the following acts committed against people who do not participate directly in hostilities , including members of the Armed Forces who have deposed weapons and people put out of combat due to illness, wound, detention or for any other cause:
- Attacks against life and body integrity, especially homicide in all its forms, mutilations, cruel treatment and torture;
- The outrages against personal dignity, especially humiliating and degrading treatment;
- The hostage taking;
- The sentences issued and the executions without prior trial before a regularly constituted court, with all the judicial guarantees generally recognized as indispensable. (UN, 1998)
This statute comes into force in Colombia through Law 742 of the year 2002, which in accordance with Law 7 of 1944, which dictates that any treaty signed by the State may not enter into force until it has not been perfected by the Government.
After the above, it is necessary to clarify why these international agreements serve as a legal argument to affirm or not whether there was an armed conflict in Colombia and that is that based on the theory of the Pyramid of Hans Kelsen the international treaties signed by the states enter into the constitutionality framework of these.
Own elaboration, Source: FONDESEP, “Legal Update Basic Elements of Legal Order for the Update and Reform of Internal Regulations in Higher Education Institutions”.
In the same way of international law and what Durango and Mártinez, 2010, the state of belligerence is mainly given to the states, who are the actors in the conflicts, but in some cases the internal conflicts of each country climb to such a level that They can cover international problems, whereby international law seeks Some characterists such as: control of a part of the territory, exercising sovereignty in it, executes government acts in this territory, and that its armed struggle was leading by organized troops, subject to a military discipline, respectful of the laws and customs of war.
And in the case of the conflict with the FARC we can talk about an internal armed conflict, since after more than 50 years of conflict, this guerrillas managed to make a presence that the State could not, such as safely controlling certain territories of the country, being the Judges in resolutions of internal problems of municipal or rural headwaters in remote areas, bring education, roads to certain territories, acts that were exposed in negotiations in the Government of Andrés Pastrana.
conclusion
To conclude we can determine that thanks to the theory of the Pyramid of Hans Kensel, and article 93 of the Constitution that dictates that Colombia accepts the jurisdiction of the Constitutional Court and the treaties ratified in human rights, gives us the concept that all that all The Geneva Agreements and Protocols signed by the Government, are mandatory for the State and that when they were in a war conflict with guerrilla groups that after half a combat cycle, they appropriated specific areas of the country, and had military control, military control, Judicial in some cases political and educational, which allowed the Colombian state To the ruling under Geneva agreements, where the protocols that must be followed in armed wars or conflicts are regulated, BI In internal or international nature.
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