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

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...

COMMON AIMS, VALUES AND PRINCIPLES OF INTELLECTUAL PROPERTY, RIGHT TO COMPETENCE AND OTHERS RIGHTS

This paper aims the definition of which are the pourposes, values and common principles of intellectual property, competence law of advertising, consumer and information. It shows how the principles are anchored in value...

Riofrío, J.C. (2008). The Law of Secrets. Bogotá: Temis

This paper provides a review of the book The Law of Secrets, of the author Juan Carlos Martínez-Villalba Riofrío studying the secrets and how law does protect. To this end, the author has analyzed the general theory of s...

FREEDOM OF SPEECH AND DEMOCRATIC CONSTRAINT

There is a significant literature justifying why freedom of speech should be seen as a fundamental right. At the individual level, freedom of speech should be protected to further autonomy. In the public domain, freedom...

NULLITY AND INEXISTENCE OF LEGAL ACTS IN ECUADORIAN LAW

Inexistence and nullity of juridical acts are basic institutions in Ecuadorian Law. These are two different categories that have in common the chasing of the invalidity of the juridical acts that didn’t form according to...

Download PDF file
  • EP ID EP36098
  • DOI https://doi.org/10.31207/ih.v6i0.123
  • Views 415
  • Downloads 0

How To Cite

Natalia Andrade Cadena (2017). LA FUMIGACIÓN DE HERBICIDAS COLOMBIANA Y EL DERECHO HUMANITARIO INTERNACIONAL. Ius Humani. Revista de Derecho, 6(11), -. https://europub.co.uk./articles/-A-36098