"We will strike and destroy Amalek completely violent and everything that have, and we will not forgive, kill them, man, woman and child, the offspring of oxen, sheep, camels and donkeys." (Jehovah commandment Samuel in the Bible, I Samuel 15.3) (Jehovah commandment Samuel in the Bible, I Samuel 15.3)
Last week the president of Venezuela Hugo Chavez took the world by surprise when he asked the Colombian government stop calling the FARC and ELN terrorists. Last week the president of Venezuela Hugo Chavez took the world by surprise when he asked the Colombian government stop calling the FARC and ELN terrorists. Also, Chavez appealed to the international community to formally recognize the status of belligerent force for these two groups of insurgents. Then came a resolution of the National Assembly of Venezuela to support the request of President Chavez. This came to be almost legal recognition of the FARC and ELN by the Venezuelan government. Also, Chavez appealed to the international community to formally recognize the status of belligerent force for these two groups of insurgents. Then came a resolution of the National Assembly of Venezuela to support the request of President Chavez. This came to be almost legal recognition of the FARC and ELN by the Venezuelan government. This was not as exciting as the recent release of detained by the FARC, but for sure it was something more significant. This was not as exciting as the recent release of detained by the FARC, but for sure it was something more significant.
The Colombian government reacted to the statement Venezuelan terrified and very nervous. The Colombian government reacted to the statement Venezuelan terrified and very nervous. Reinforcements were ordered aa United States (US), Admiral Michael Mullin, Joint Chief of Staff, who flew to Bogota for publicly declaring that assumed that the Colombian guerrillas are terrorists. Reinforcements were ordered aa United States (US), Admiral Michael Mullin, Joint Chief of Staff, who flew to Bogota for publicly declaring that assumed that the Colombian guerrillas are terrorists. Then, yesterday the president Alvaro Uribe Velez flew to Europe to launch a "diplomatic offensive" because it is afraid that the European Union could consider removing the guerrillas of its official list of terrorists. Then, yesterday the president Alvaro Uribe Velez flew to Europe to launch a "diplomatic offensive" because it is afraid that the European Union could consider removing the guerrillas of its official list of terrorists. Even more implications go beyond putting labels and nicknames. Even more implications go beyond putting labels and nicknames.
First of all, the recognition of the FARC and ELN as a belligerent force provería to Venezuela with a legal basis that can be used to intervene in the Colombian conflict, as well as arming the guerrillas or intervene more directly. First of all, the recognition of the FARC and ELN as a belligerent force provería to Venezuela with a legal basis that can be used to intervene in the Colombian conflict, as well as arming the guerrillas or intervene more directly. However, there is no indication that Venezuela wants to try to do that, but legal recognition is a step in that direction. However, the Venezuelan government can deal with government and the insurgency in the same way. However, there is no indication that Venezuela wants to try to do that, but legal recognition is a step in that direction. Nevertheless, the Venezuelan government can deal with government and the insurgency in the same way. Actually, this is threatening to the Actually, this is threatening to
Colombian government. Colombian government.
A more positive note recognition of the status of belligerent force that brings with it a responsibility to ensure that the guerrillas must act in accordance with the Geneva Conventions, which among other things, prohibits the abduction, killing of civilians and the indiscriminate use of weapons . A more positive note recognition of the status of belligerent force that brings with it a responsibility to ensure that the guerrillas must act in accordance with the Geneva Conventions, which among other things, prohibits the abduction, killing of civilians and the indiscriminate use of weapons. Abriéndole this door to the FARC could for the first time in 50 years, providing an incentive for the group to improve their positions. Abriéndole this door to the FARC could for the first time in 50 years, providing an incentive for the group to improve their positions. For the ELN that decimated by the death of thousands of its members in recent decádas, they offer the possibility of a way out of the situation mentioned, the ELN is negotiating with the Colombian government, to be carried out with mediation Cuba. These negotiations are slow and the ELN has not been demobilized. But this could change. For the ELN that decimated by the death of thousands of its members in recent decádas, they offer the possibility of a way out of the situation mentioned, the ELN is negotiating with the Colombian government, to be carried out with mediation Cuba. These negotiations are slow and the ELN has not been demobilized. However, this could change.
While politicians Colombians are busy rubbing their hands on what they anticipate will be the discussion of this in Europe, and some conservative politicians are warning that Venezuela could intervene militarily in the Colombian conflict. While politicians Colombians are busy rubbing their hands on what they anticipate will be the discussion of this in Europe, and some conservative politicians are warning that Venezuela could intervene militarily in the Colombian conflict. This is far from occurring and that the president Chavez I tried. This is far from occurring and that the president Chavez I tried. I think that I should think we should
Seen that is probably the best way to bring the insurgency under control. Seen that is probably the best way to bring the insurgency under control. The relentless campaign of the media in Colombia whose objective is always to denounce the guerrillas as terrorists, it could encourage the troops, but has an equal and opposite effect on the guerrillas. The relentless campaign of the media in Colombia whose objective is always to denounce the guerrillas as terrorists, it could encourage the troops, but has an equal and opposite effect on the guerrillas. The repetitive use of this word terrorist, is calculated to inflame the conflict rather than resolving it. The repetitive use of this word terrorist, is calculated to inflame the conflict rather than resolving it. Therefore, it would not make any significant dialogue Therefore, it would not make any significant dialogue
About negotiations when one party does not lower the tone of their rhetoric. About negotiations when one party does not lower the tone of their rhetoric.
Well, how recognition of the status of belligerent force can help bring peace? Well, how recognition of the status of belligerent force can help bring peace? First of all, there would be no excuse for not engage in dialogue with the guerrillas. First of all, there would be no excuse for not engage in dialogue with the guerrillas. The Colombian government would be forced to negotiate and that's the only way that the conflict could end forever. The Colombian government would be forced to negotiate and that's the only way that the conflict could end forever. The guerrillas would have no incentive to engage in conduct that the government would quickly draw. These are two good reasons to support the position of President Chavez. The guerrillas would have no incentive to engage in conduct that the government would quickly draw. These are two good reasons to support the position of President Chavez.
It is very useful to look at the laws that apply in this case, to understand what is at stake and are directed towards that direction things in Colombia. It is very useful to look at the laws that apply in this case, to understand what is at stake and are directed towards that direction things in Colombia. We will divert us for the moment and consider the word terrorist is used to equalize the enemies with the people responsible to blow up the building of the Twin Towers in New York (World Trade Center). That is the compiración that people make when using the word terrorist. We will divert us for the moment and consider the word terrorist is used to equalize the enemies with the people responsible to blow up the building of the Twin Towers in New York (World Trade Center). Compiración That is that people make when using the word terrorist.
Always the war has been a dreadful business. Always the war has been a dreadful business. War is the ultimate expression of the ability of barbarism of human beings. War is the ultimate expression of the ability of barbarism of human beings. Efforts to put rants to the worst horrors that reached its zenith in World War II, in the form of multilateral treaties that made clear that mankind would not tolerate more torture, genocide and large-scale indiscriminate shelling on cities. It is believed that the wars in the future would be conducted by humanitarianism. Unfortunately, the tactics of war became nothing less but something more brutal. Efforts to put rants to the worst horrors that reached its zenith in World War II, in the form of multilateral treaties that made clear that mankind would not tolerate more torture, genocide and large-scale indiscriminate shelling on cities. Was believed that the wars in the future would be conducted by humanitarianism. Regrettably, the tactics of war became nothing less but something more brutal.
Wars are not today as was the rule across national borders of opponents. Wars are not today as was the rule across national borders of opponents. They fought in the homes, streets, colleges and places of public assembly through subversion, infiltration and guerrilla warfare. They fought in the homes, streets, colleges and places of public assembly through subversion, infiltration and guerrilla warfare. Combatants today include civilians, guerrillas, special operations forces, death squads of paramilitaries. Combatants today include civilians, guerrillas, special operations forces, death squads of paramilitaries.
These events are unfortunate, but these are undeniable facts. These events are unfortunate, but these are undeniable facts. Anyway there is genuine revolutions, wars launched by the power of anyone to achieve global domination, modern fighter today can easily describe them as terrorists. Anyway there is genuine revolutions, wars launched by the power of anyone to achieve global domination, modern fighter today can easily describe them as terrorists.
Traditionally, the laws of war are both caballerosas as impractical for modern warriors today. Traditionally, the laws of war are both caballerosas as impractical for modern warriors today. For the revolutionaries is the lack of capacity to regulate the war or facilities to take care of prisoners, however it is the government is always lack of public support necessary to separate tables insurgency of the civilian population. For the revolutionaries is the lack of capacity to regulate the war or facilities to take care of prisoners, however it is the government is always lack of public support necessary to separate tables insurgency of the civilian population. The reality is that both sides engage in terrorism to discourage the civilian population to support one side or the other vice versa. Governments do not respond to the insurgency according to the canons legal and procedural matters, but based on conservative calculations, in spite of the facts that its citizens avoid suffering valued free and destruction. Similarly, the insurgents promised to build a better society while justifying brutal methods of guerilla warfare on the basis that they have no choice to win. The reality is that both sides engage in terrorism to discourage the civilian population to support one side or the other vice versa. Governments did not respond to the insurgency according to the canons legal and procedural matters, but based on conservative calculations despite the fact that its citizens avoid suffering valued free and destruction. Similarly, the insurgents promised to build a better society while justifying brutal methods of guerilla warfare on the basis that they have no alternative to win. Both sides see the laws of war as something sentimental and naive when debe'aplicar at his side. Both sides see the laws of war as something sentimental and naive when debe'aplicar at his side.
Human rights find their moral justification in the use of propaganda for war and the denunciation of any atrocities committed by the enemy. Of course, which is very unusual for human rights advocates criticize their own mistakes. Human rights find their moral justification in the use of propaganda for war and the denunciation of any atrocities committed by the enemy. Course, which is very unusual for human rights advocates criticize their own mistakes. Still, it was the noble intention of the founders of the League of Nations and the United Nations, who Still, it was the noble intention of the founders of the League of Nations and the United Nations, who
Believed in creating a more humane world. Believed in creating a more humane world.
Well, how should insurgent groups such as the FARC, ELN, Hezbollah, Hamas and the Popular Front for the Liberation of Palestine (PLFP) be treated by the international community? Well, how should insurgent groups such as the FARC, ELN, Hezbollah, Hamas and the Popular Front for the Liberation of Palestine (PLFP) be treated by the international community? We should make a list of groups using irregular methods - a list that could include virtually every insurgency in the world - and call them? We should make a list of groups using irregular methods - a list that could include virtually every insurgency in the world - and call them? This would seem something violent and not realistic to try to impose order in the world by putting labels and seeing enemies of humanity. This would seem something violent and not realistic to try to impose order in the world by putting labels and seeing enemies of humanity. Then, Simon Bolivar and George Washington by the model today would be candidates to the list of terrorists. How do Then, Simon Bolivar and George Washington by the model today would be candidates to the list of terrorists. How the
Acts of international law will treat these insurgent groups? Acts of international law will treat these insurgent groups?
Traditionally, the legal status of insurgent groups depended on the degree of its success. Traditionally, the legal status of insurgent groups depended on the degree of its success. When an insurgent group was able to maintain and sustain a campaign and control a substantial portion of our national territory, the government might otherwise agree status by third states, which could thereafter be forced to take into account When an insurgent group was able to maintain and sustain a campaign and control a substantial portion of our national territory, the government might otherwise agree status by third states, which could thereafter be forced to take into account the
Status of the war in their relationes with the state. Status of the war in their relationes with the state. Should hostilities persist, we eras permissible, and perhaps even mandatory status of belligerency, providing that insurgent forces were acting under authority responsible observing the rules of war, and whether there was any need for a third party to define their attitudes with respect to conflict. Should hostilities persist, we eras permissible, and perhaps even mandatory status of belligerency, providing that insurgent forces were acting under authority responsible observing the rules of war, and whether there was any need for a third party to define their attitudes with respect to conflict. For this to happen it is necessary that the rebels become strong in some geographical areas that the third government finds necessary to negotiate with the rebels as well as the government established. For this to happen it is necessary that the rebels become strong in some geographical areas that the third government finds necessary to negotiate with the rebels as well as the government established. The recognition is simply a public statement. The recognition is simply a public statement. Procedures formal recognition thirds have never existed, except in rare cases where the parties agree to submit their dispute to a court of arbitramiento. Procedures formal recognition thirds have never existed, except in rare cases where the parties agree to submit their dispute to a court of arbitramiento.
The classic example is the belligerence on a civil war in the United States. The classic example is the belligerence on a civil war in the United States. The north through the Supreme Court declared the North and the South being in a state of war for the purpose of requesting the European nations with regard to blocking the ports southerners. The north through the Supreme Court declared the North and the South being in a state of war for the purpose of requesting the European nations with regard to blocking the ports southerners. In the Prize Cases, the supreme judge Grier argued that the insurrection is a large-scale war in the legal sense. In the Prize Cases, the supreme judge Grier argued that the insurrection is a large-scale war in the legal sense.
The insurgency against a government may or may not culminate in an organized rebellion, but the civil war always begins with a rebellion against the lawful authority of the government. The insurgency against a government may or may not culminate in an organized rebellion, but the civil war always begins with a rebellion against the lawful authority of the government.
A civil war is never declared solemnly; begins accident - the number, power and organization of people, who began and carried out. A civil war is never declared solemnly; begins accident - the number, power and organization of people, who began and carried out. When the rebellion took part in and stays with ways hostile to some portion of the territory, and has declared its independence, and severed their alliance, has an organized army, and commenced hostilities against his former sovereignty, the world is aware of them as belligerents, and the answer is war ... When the rebellion took part in and stays with ways hostile to some portion of the territory, and has declared its independence, and severed their alliance, has an organized army, and commenced hostilities against his former sovereignty, the world is aware of them as belligerents , and the answer is war ...
Therefore, we believe that the President has a right to jure belli to institute a blockade on ports in possession of the states in rebellion, which are neutral with respect to their borders. Therefore, we believe that the President has a right to jure belli to institute a blockade on ports in possession of the states in rebellion, which are neutral with respect to their borders.
This was a rare example of a nation formally declaring a state of war within their boundaries, for the purpose of obtaining foreign assistance to block the rebels. This was a rare example of a nation formally declaring a state of war within their boundaries, for the purpose of obtaining foreign assistance to block the rebels. Such statements are rarely made because the belligerent also implies a recognition formal recognition of other legal rights of the insurgents. Such statements are rarely made because the belligerent also implies a recognition formal recognition of other legal rights of the insurgents.
Any government would be ill-advised to take cognizance of the existence of the rights of the insurgents. Any government would be ill-advised to take cognizance of the existence of the rights of the insurgents. In fact, no government formally recognized the status of belligerent insurgents within its territory since World War II. In fact, no government formally recognized the status of belligerent insurgents within its territory since World War II.
In today's world, there is almost no reliance on third states with respect to the traditional legal definitions of rebellion, insurgency and belligerence. Instead of Governments normally determine its relations with the factions competing based on their own policies and objectives. In today's world, there is almost no reliance on third states with respect to the traditional legal definitions of rebellion, insurgency and belligerence. Rather than governments usually determine its relations with the factions competing based on their own policies and objectives. This often translates into support for the forces of "law and order" of states allies and the forces of self-determination in the states rivals. This often translates into support for the forces of "law and order" of states allies and the forces of self-determination in the states rivals. However, the legal status of the insurgents should be a thing would be that it is up to the court, which is supposed to decide cases based on objective legal standard, rather than relying on a defendant who is a member of the official list enemies. However, the legal status of the insurgents should be a thing would be that it is up to the court, which is supposed to decide cases based on objective legal standard, rather than relying on a defendant who is a member of the official enemies list. This is a rule of guilt by association. This is a rule of guilt by association. The new crime to provide material support to a terrorist organization, it actually takes us back to the days of the Inquisition. The new crime to provide material support to a terrorist organization, it actually takes us back to the days of the Inquisition.
It is a crime to help a group on the official list of the enemies of the United States or the European Union. It is a crime to help a group on the official list of the enemies of the United States or the European Union.
Recently, the Court in Copenhagen ruled the charges against those who were selling T-shirts (T-shirts) with the logo of the FARC and the PFLP. Recently, the Court in Copenhagen ruled the charges against those who were selling T-shirts (T-shirts) with the logo of the FARC and the PFLP. Defendants had announced that 5 euros from the sale of each shirt will be donated to the above-mentioned organizations. The court found facts that the FARC and PFLP are not under Danish law of terrorist organizations because its actions are not trying to overthrow governments, not terrorize civilians. Defendants had announced that 5 euros from the sale of each shirt will be donated to the above-mentioned organizations. The court found facts that the FARC and PFLP are not under Danish law of terrorist organizations because its actions are not trying to overthrow governments and non - terrorize civilians.
In the United States, this kind of designation policy is not reviewed by the court, although there are certain rights of the people "terrorists". In the United States, this kind of designation policy is not reviewed by the court, although there are certain rights of the people "terrorists". When the guerrillas of the FARC Simon Trinidad was put on trial for conspiracy to take hostages, took his admitted involvement as a negotiator in its group for the exchange of prisoners, the court did not review the status of the FARC as a terrorist organization, but also argued that Trinidad could not be a prisoner of war, because the United States and Colombia are not at war. When the guerrillas of the FARC Simon Trinidad was put on trial for conspiracy to take hostages, took his admitted involvement as a negotiator in its group for the exchange of prisoners, the court did not review the status of the FARC as a terrorist organization, but also argued that Trinidad could not be a prisoner of war, because the United States and Colombia are not at war. Simon Trinidad is the first "international terrorist" extradited and tried in the United States under the provisions of the new law that deals with the material support that gives a person identified as a terrorist organization. Simon Trinidad is the first "international terrorist" extradited and tried in the United States under the provisions of the new law that deals with the material support that gives a person identified as a terrorist organization.
The appeal to the international community made by the president Chavez, will have wide implications for the international insurgents who are tried as ordinary criminals in places like Washington, DC For ordinary Colombians who are afraid of being kidnapped or blown up by an anti-personnel mine or by the irrational sale of the "global war on terrorism". The appeal to the international community made by the president Chavez, will have wide implications for the international insurgents who are tried as ordinary criminals in places like Washington, DC For ordinary Colombians who are afraid of being kidnapped or blown up by an anti-personnel mine irrational or by the sale of the "global war on terrorism".
Be that as it is may be, may begin to dispose of the immense damage that this single word - terrorism - it has inflicted upon the world in recent years. Be that as it is may be, may begin to dispose of the immense damage that this single word - terrorism - it has inflicted upon the world in recent years.
* Paul Wolf is an attorney with international humanitarian law practice in Washington DC. * Paul Wolf is an attorney with international humanitarian law practice in Washington DC.
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