La política de ataques militares contra las bandas criminales en Colombia y su legitimidad a la luz del derecho internacional humanitario
With the Permanent Directive N° 015 of 2016, from theMinistry of Defense of the Republic of Colombia, military attacksagainst criminal gangs that exhibit greater armed capacity are possible,which under the normative instrument are re-conceptualizedas Organized Armed Groups (OAG), definition from Int...
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| Format: | Article |
| Language: | Spanish |
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2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6498952 |
| Source: | Ars Boni et Aequi, ISSN 0719-2568, Vol. 13, Nº. 2, 2017, pags. 11-33 |
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| Summary: |
With the Permanent Directive N° 015 of 2016, from theMinistry of Defense of the Republic of Colombia, military attacksagainst criminal gangs that exhibit greater armed capacity are possible,which under the normative instrument are re-conceptualizedas Organized Armed Groups (OAG), definition from InternationalHumanitarian Law (IHL) to refer to groups that deploy hostilities inthe context of armed conflicts. This paper proposes that this policyis not legitimate in view of IHL, since the criminal activity of criminalgangs is not, in principle, directly related to the hostilities of theinternal armed conflict, and because the main consequence of theDirective is the denial of the quality of civilians to the members ofthe OAG, which contravenes not only the postulates of IHL on theprotection of the civilian population, but also the very model of theSocial State of Law. |
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