LA FUMIGACIÓN DE HERBICIDAS COLOMBIANA Y EL DERECHO HUMANITARIO INTERNACIONAL
Journal Title: Ius Humani. Revista de Derecho - Year 2017, Vol 6, Issue 11
Abstract
The Colombian Government since 2000 has been using sprayings of herbicides in large scales with the aim of destroying illegal crops of coca and poppy plants. This action has been widely criticized; therefore, there have been several studies related to this matter. In the legal area, this issue has been analyzed mainly from the human rights perspective. Nevertheless, this paper addresses this matter from a completely different standpoint. This article’s main objectives are to analyze the aerial spraying of herbicides as an act of war within the Colombian armed conflict and to critically assess its lawfulness under the rules and principles of the International Humanitarian law. In other to achieve those objectives this article gives a brief background of the analyzed practice and explains why aerial spraying of herbicides can be considered an act of war. Furthermore, the reality of this practice is compared with the rules and exceptions of the International Humanitarian Law to finally conclude that the fumigations with herbicides are an open violation of the aforementioned law.
Authors and Affiliations
Natalia Andrade Cadena
Keywords
Related Articles
- EP ID EP36098
- DOI https://doi.org/10.31207/ih.v6i0.123
- Views 411
- Downloads 0
NEOCONSTITUTIONALISM, NEW LATIN AMERICAN CONSTITUTIONALISM AND CONSTITUTIONAL PROCESSES IN THE ANDEAN REGION
The purpose of the paper is to account for the importance attributed by the constitutions inspired by the so-called new Latin American constitutionalism to popular participation in matters of constitutional changes. To t...
JUDICIAL TRANSFORMATIONS IN ECUADOR: THE BALANCE OF POWER SEEN THROUGH THE ANALYSIS OF SOCIAL NETWORKS
This text explores the balance of powers in the Republic of Ecuador through Social Network Analysis (SNA). It argues that formal and informal ties among political system’s actors can be affected as a result of an improve...
THE RIGHT TO PRIVATE PROPERTY AND ECONOMIC FREEDOM. SOME LEGAL, PHILOSOPHICAL AND ECONOMIC ELEMENTS FOR A GENERAL THEORY
This paper sets forth several legal, philosophical and economic elements for a general theory on the right to private property and economic freedom, which might explain why it is a fundamental right. Firstly, this Articl...
Neoconstitutionalism. A Definition and a Latin-American taxonomy
In order to define some of the main elements of neo-constitutionalists theses, we must ask ourselves some fundamental questions that can help us to distinguish the relationship between this “tendency” and traditional leg...
ANALISYS OF THE DECISION ISSUED IN THE CASE “THE BIG BROTHER”
This article presents a brief analysis of the decision issued in the case known as “The Big Brother” with particular emphasis in the aspects in which the decision incurs in juridical errors. It departs from an objecti...