Intervención de la fuerza pública en el proceso de restitución de tierras de las víctimas del conflicto armado

2016 ◽  
Vol 8 (13) ◽  
pp. 108-129
Author(s):  
Didima Rico Chavarro
Keyword(s):  
Transitional Justice ◽  
Armed Conflict ◽  
La Paz ◽  
Security Forces ◽  
The Law ◽  
Peace Accords ◽  
The Right ◽  
Land Restitution

En este artículo se identifica a la fuerza pública como ac- tor del conflicto armado colombiano, y se cuestiona su intervención como parte determinante en la focalización de los predios a restituir y las consecuencias para el desa- rrollo de los acuerdos de Paz de La Habana. El significado y alcance de la restitución de tierras a las víctimas del conflicto armado encuentra fundamento en el desarrollo del derecho a la paz, en el marco de la justicia transicional, los avances jurisprudenciales y los propósi- tos de la ley que prioriza la seguridad para la restitución de las tierras.In this article the security forces acting conflict, a situa- tion that challenges his intervention as a key part of the decision to focus on the land to restore and consequences for the development of the Peace Accords Havana is iden- tified. The meaning and scope of the restitution of land to vic- tims of armed conflict, is based on the development of the right to peace as part of transitional justice, the juris- prudential advances and purposes of the law that priori- tizes safety for land restitution. 

The Oxford Handbook of International Law in Armed Conflict

2014 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Forced Migration ◽  
Armed Forces ◽  
Cultural Property ◽  
Historical Background ◽  
The Law ◽  
The Right

TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.

scholarly journals Protection of property rights of citizens in the conditions of foreign military aggression: political and legal experience of Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 198-211
Author(s):  
Viktor Filatov ◽  
Sergey Нerasymchuk ◽  
Oksana Zuieva ◽  
Oksana Tuieva ◽  
Dmytrо Kartsyhin
Keyword(s):  
Property Rights ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Comprehensive Analysis ◽  
Terrorist Threat ◽  
Judicial Practice ◽  
Occupied Territory ◽  
The Law ◽  
The Right

The aim of the research is a comprehensive analysis of the problem of protecting property rights against a terrorist threat and finding ways to solve it. The article deals with the main problems of protection of property rights under conditions of external military aggression in Ukraine. The authors, with the example of a separate case, analyses the problematic aspects of renewing and granting property rights to citizens residing in the temporarily occupied territory of Ukraine. Methodologically, it is a documentary research. It is concluded that the law and judicial practice of the protection of property rights in the example of the right to compensation for damaged homes may prove insufficient on its own. The weaknesses of Ukrainian legislation in compensation for damage caused to citizens in conditions of armed conflict and terrorist activity are discussed in detail. Finally, it emphasizes the role of transitional justice in improving the law and practice of resolving disputes overcompensation for moral and material damage under the conditions of occupation of certain territories of Ukraine.

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

Part IV The Right to Reparation/Guarantees of Non-Recurrence, B Guarantees of Non-Recurrence of Violations, Principle 37 Disbandment of Parastatal Armed Forces/Demobilization and Social Reintegration of Children

2018 ◽  
Author(s):  
Duthie Roger ◽  
Mayer-Rieckh Alexander
Keyword(s):  
Transitional Justice ◽  
Armed Conflict ◽  
Armed Forces ◽  
Theoretical Framework ◽  
Armed Conflicts ◽  
Historical Background ◽  
Armed Groups ◽  
Social Reintegration ◽  
Criminal Violence ◽  
The Right

Principle 37 focuses on the disbandment of parastatal armed forces and the demobilization and social reintegration of children involved in armed conflicts. It articulates measures designed to prevent the transformation of conflict violence to criminal violence through the dismantling and reintegration of all armed groups engaged in abuses, and outlines comprehensive responses to the injustices experienced by children during armed conflict. This chapter first provides a contextual and historical background on Principle 37 before discussing its theoretical framework and practice. It then examines the importance of reintegration processes and how they can be affected by transitional justice measures, along with their implications for former child combatants. It also highlights the relevance of measures for dealing with unofficial armed groups from an impunity standpoint, as well as the efforts of disarmament, demobilization, and reintegration (DDR) programs to address them.

Rules for Wrongdoers

2021 ◽  
Author(s):  
Arthur Ripstein
Keyword(s):  
Armed Conflict ◽  
Armed Force ◽  
Critical Engagement ◽  
Law And Morality ◽  
The Law ◽  
The Right ◽  
Morality Of War ◽  
Two Bodies

Ripstein’s lectures, which constitute the central texts of this book, focus on the two bodies of rules governing war: the ius ad bellum, which regulates resort to armed force, and the ius in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. The lectures argue that both sets of rules constitute prohibitions rather than permissions, and that recognizing them as distinctive prohibitions can reconcile the seeming tension between them. By understanding that the central wrong of war is that war is the condition which force decides, Ripstein contends that the law and morality of war are in fact aligned; the rules governing the conduct of hostilities must apply equally to parties in the right and parties in the wrong in an armed conflict, because the prohibitions outlined in the rules governing war are prohibitions that restrain war. Ripstein’s method of analysis and the substantive argument he puts forward offer an opportunity for rigorous critical engagement in subsequent essays by commentators Hathaway, Kutz, and McMahan, followed by a response from Ripstein.

Transitional Justice and Victims' Rights before the End of a Conflict: The Unusual Case of Colombia

2010 ◽  
Vol 42 (3) ◽  
pp. 487-516 ◽  
Author(s):  
JEMIMA GARCÍA-GODOS ◽  
KNUT ANDREAS O. LID
Keyword(s):  
Systematic Review ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Unusual Case ◽  
Armed Groups ◽  
Clear Link ◽  
The Law ◽  
Armed Actors

AbstractIn a context of continuing armed conflict, a comprehensive scheme of transitional justice has been developed in Colombia since 2005 through the Law of Justice and Peace, with the aim of achieving peace with one of the armed actors in the conflict, the paramilitary groups. The clear link between the demobilisation of illegal armed groups and the rights of the victims is the main feature of the Colombian process. This article provides a systematic review of the implementation of the law, focusing on the institutions, mechanisms and procedures put in place to fulfil its goals. Emphasis is given to the legal category of ‘victim’, victims' rights and victim reparation measures. By exploring how the scheme works in principle and in practice, we are able to assess the prospects for victims' rights in Colombia today.

Proportionality and Force in International Law

1993 ◽  
Vol 87 (3) ◽  
pp. 391-413 ◽  
Author(s):  
Judith Gail Gardam
Keyword(s):  
Armed Conflict ◽  
Use Of Force ◽  
Fundamental Principle ◽  
Armed Conflicts ◽  
Customary Law ◽  
Law Of Armed Conflict ◽  
The Law ◽  
United Nations System ◽  
The Right ◽  
The Cost

Proportionality is a fundamental component of the law on the use of force and the law of armed conflict—the jus ad bellum and the jus in bello. In the former, it refers to a belligerent’s response to a grievance and, in the latter, to the balance to be struck between the achievement of a military goal and the cost in terms of lives. The legitimate resort to force under the United Nations system is regarded by most commentators as restricted to the use of force in self-defense under Article 51 and collective security action under chapter VII of the UN Charter. The resort to force in both these situations is limited by the customary law requirement that it be proportionate to the unlawful aggression that gave rise to the right. In the law of armed conflict, the notion of proportionality is based on the fundamental principle that belligerents do not enjoy an unlimited choice of means to inflict damage on the enemy. Since the entry into force of Protocol I to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, proportionality has been both a conventional and a customary principle of the law of armed conflict.

The right to life in armed conflict: does international humanitarian law provide all the answers?

2006 ◽  
Vol 88 (864) ◽  
pp. 881-904 ◽  
Author(s):  
Louise Doswald-Beck
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
The Law ◽  
The Right

AbstractThis article describes the relevant interpretation of the right to life by human rights treaty bodies and analyses how this might influence the law relating to the use of force in armed conflicts and occupations where international humanitarian law is unclear. The concurrent applicability of international humanitarian law and human rights law to hostilities in armed conflict does not mean that the right to life must, in all situations, be interpreted in accordance with the provisions of international humanitarian law. The author submits that the human rights law relating to the right to life is suitable to supplement the rules of international humanitarian law relating to the use of force for non-international conflicts and occupation, as well as the law relating to civilians taking a “direct part in hostilities”. Finally, by making reference to the traditional prohibition of assassination, the author concludes that the application of human rights law in these situations would not undermine the spirit of international humanitarian law.

scholarly journals LA LEY DE RESTITUCIÓN DE TIERRAS EN COLOMBIA DE ESPALDAS A LOS OPOSITORES DE BUENA FE

2016 ◽  
Vol 26 (2) ◽  
pp. 139
Author(s):  
John Arturo Cárdenas Mesa
Keyword(s):  
Political Violence ◽  
Cultural Change ◽  
Armed Conflict ◽  
Good Faith ◽  
Internal Armed Conflict ◽  
Great Progress ◽  
New Form ◽  
The Law ◽  
Land Restitution ◽  
Violencia Politica

Colombia ha tenido grandes avances en materia de reparación a víctimas del conflicto armado interno. De la Ley 387 de 1997 a la Ley 1448 de 2011, ha habido un cambio de paradigma jurídico cultural en el cual la reparación por medio de medidas de restitución han ido cobrando tanta importancia como las reparaciones económicas. El objetivo de este trabajo es mostrar que la Ley de Restitución de Tierras, tal como está concebida, puede originar en una nueva forma de despojo dado que desconoce los derechos de los opositores de buena fe, muchos de los cuales son también campesinos víctimas de la violencia política. Ello se debe a una deficiente regulación en aspectos como el probatorio, a la lentitud con que avanza el proceso y a que no se tuvo en cuenta que la dinámica del despojo y el abandono ocasionado por grupos paramilitares es diferente al originado en la violencia guerrillera. The Land Restitution Law against opponents in good faith Abstract Colombia has made great progress in reparation for the victims of the internal armed conflict; from Law 387 of 1997 to Law 1448 of 2011, there has been a legal paradigm cultural change in which redress through restitution measures have been gaining much importance as economic reparations.The aim of this paper is to show that the Law on Land Restitution, as it is conceived, can result in a new form of dispossession because it ignores opponents in good faith, many of whom are also farmers victims of political violence. This is due to poor regulation in areas such as the evidentiary, to the slowness with which the process advances and to the fact that it was not taken into account that the dynamics of the dispossession and neglect caused by paramilitary groups are different to the originated in guerrilla violence. 

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