Are the Targets of Aerial Spraying Operations in Colombia Lawful Under International Humanitarian Law? Artículo académico

Autor

Felipe Tenorio Obando

Resumen

Since the beginning of the program of aerial spraying of illicit crops with a glyphosate-based chemical mixture in Colombia, local farmers and peasants have claimed that it affects their health, environment, and economy. As a result, the legality of this program has been analyzed from an International Human Rights Law (IHRL) perspective. Nevertheless, when it takes place in situations of armed conflict, it is also regulated by International Humanitarian Law (IHL). After finding that some aerial spraying operations conducted in Colombia amount to “attacks” under IHL, the chapter looks into the alleged protected status of both illicit crops and the farmers who grow them for organized armed groups fighting the Colombian government. The chapter concludes that, unless they lose their protected status, they are unlawful targets for the Colombian government. As a consequence, and without prejudice to the findings of a legality analysis of the aerial spraying program in Colombia from an IHRL perspective, if the Colombian government decides to restart the program, it will have to design its aerial spraying operations so as to make sure that they do not amount to attacks under IHL.

autores

http://vivoweb.org/ontology/core#FacultyMember
Olasolo, Héctor

fecha de publicación

2018-12-21

Área temática

Edición

20

Número Internacional Normalizado de Publicaciones Seriadas (ISSN)

1389-1359

Identificador de objeto digital (DOI)

https://doi.org/10.1007/978-94-6265-264-4_7

Número de páginas

23

Página inicial

229

Última página

252