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| U.S. Terrorism is that massacres everywhere: if the people respond to armed the accused terrorist. |
by Carlos Sagun-Centro de Estudios Policarpa Salavarrieta. Nicaragua
06/02/2011 - abpnoticias-Carlos Sagun-Center Salavarrieta Policarpa Studies - In the flow of international politics, and imperial imposition in violation of the minimum parameters of international law, we are witnessing an attempt by the disappearance of political crime figure, trying in line with imperial interests, accusing the rebels arrested for crimes other than rebellion, are accused on charges of terrorism, kidnapping, conspiracy, and in an attempt to depoliticize the armed conflict are identified drug thus can be extradited to U.S. jails such as For two guerrillas and a guerrilla of the FARC in Colombia.
A long-term armed conflict as generates Colombian prisoners in the case of insurgent detainees under international law assume the status of prisoners of war, because their motivation has been a rebellion against a state that violates the most basic human rights against a state that provides no space for the peaceful opposition as demonstrated by the extermination of six thousand members of the Patriotic Union between 1985 and 1990, murders of candidates on the left and Democrats to win options (Jaime Pardo Leal, Carlos Pizarro, Bernardo Jaramillo, Luis Carlos Galán) and the thousands of murders of trade unionists and social leaders throughout the Colombian political history.
regard it is important to note the decision of the court of first instance of Milan, Clementina Forleo, when the January 24, 2005 in a process to two Islamic militants advance concluded "It is one thing and another guerrilla terrorism: it is necessary to distinguish between the activities in the context of war and those designed to hit the civil society indiscriminately. "
According to the judge, is guerrilla warfare and terrorism something else entirely. In his words "someone who committed attacks in the context of armed conflict, whether or not involving attacks on civilians intentionally, not terrorists".
This is a distinction fundamental that has not been adequately defined in any court in the world. According to Judge Forleo, "the notion of terrorism diverges from subversion, and as such, is not defined in a normative way.
She invokes the Global Convention on Terrorism of the United Nations in 1999 to affirm: "guerrilla activity or violence that occurs in the context of armed conflict, even when performed by non-institutional forces, can not be pursued, even at the level of international law unless laws are violated international humanitarian. "
According to their statements, to punish an act of guerrilla during conflict, as a terrorist, "would inevitably lead to an unjustifiable stance in support of the forces in conflict."
Read the Colombian context from the perspective of the court of Milan. The peasant uprising in Colombia since the early 50's, is a national war of resistance, cycles of violence and destruction suffered by the helpless peasant from the 1920 civil war became since the 50's, war waged by the peasantry as resistance to forms of violence, looting and destruction that have accompanied the rearrangements in the patterns of accumulation of capital in Colombian society.
agrarian resistance can not be characterized as a marginal fact, as it develops into a major hub of capitalist accumulation as Colombian agriculture and new patterns of production necessary for reproduction in Colombia from the extractive industry and mining mega-projects and farming culture biofuels.
The map of genocide and violent expulsion of the rural population is victim from the 20's, coincides with the map of concentration of land in the hands of landowners and transnational corporations, also in line with economic mega-projects, this is recurring from the 1920's and more deeply from 1980 until today. Front
looting, murder and the violent, there has been an intense process of agrarian insurrection from the 60 leads the Colombian insurgency, which is the expression of resistance to the violent and the impossibility of a civil action space and democratic movements rural and urban, the insurgency is likewise the resistance to the implementation of this model bloodthirsty set the economy, is also the expression of dispute over the inclusion of the majority and the democratization of the tyrannical regime prevailing in the housing Santanderists "democratic."
The insurgency is the resistance against oblivion, is the disruption to matrix made oblivion and barbarism narco state. In this context, we must read the conditions of fairness and legitimacy of the insurgent uprising.
breach of the right of rebellion and its relatedness rigged with terrorism not only occurs in the Colombian criminal law and its courts, has also been critical scenarios the mass media, especially Time, Caracol and RCN, which asymmetric warfare and weapons of matrices built out of public international law towards violate the legitimacy of insurgent resistance.
But in the last 20 years the so-called "democratic left" or also varied political center, left the track of political solution to the armed conflict and alinderó with government policy of extermination of the insurgency, they also joined the chorus of distorting the political offense stigmatize as terrorism. This alinderamiento became the confirmation of political co-optation of the left post-constitutional 1991 in Colombian society.
This left all its intellectuals were in the assembly and the new constitution of 91 the performance of the struggles of his life, finally reached the "democracy", they thought, but lacked strategic vision to read the new economic accumulation regime legitimized this constitution and the preparation required of terror elements to ensure the establishment and reproduction of this on operator model.
This intelligentsia and left thin, negotiated a peace agreement on oblivion and silence, peace signed by the guerrillas since 1990 was not only a political and military, was primarily an ideological pact, agreed to forget who came from a five years where a single political party left, the UP, had lost six thousand members, agreed upon in the oblivion of the disappearance and murder of 500,000 members of social organizations, agreed upon in the oblivion of assassination of the leading presidential choices this same Left government or political center (Bernardo, Pizarro, Galán).
The invocation of reconciliation and the end point given by many leaders of the "left" could have been legitimate, the covenant not to open wounds, an amnesty for insurgents and war criminals (paramilitares_militares), in exchange for substantial transformation of the country and construction of real guarantees of political democracy, even shameful, there could be some rationality embodied understandable, but agree not to alter the regime of terror that caused the genocide, agree without the oligarchy guaranteed in this agreement the slightest right, the right to life was nothing but the physical surrender of their struggle, physical claudication which was then accompanied by the closure of its utopian and strategic horizon, leaving substantial question about the problem power and minimum substantive transformation of Colombian society.
dispute took refuge in the local government and now appear as pioneers in this dispute, but it also erased the memory of the Patriotic Union and regional political movements, movements makers of this dispute and whose feat of proposals real transformation, even by peaceful means cost them the physical annihilation by the regime of terror prevailing in Colombia. While this left
coopted was installed and ran hastily to pick up the crumbs, the oligarchy answered this constitution shy of 91, with the activation of a profound process of political reform and against the establishment of a fascist military leadership and national coordination, Defense Forces of Colombia, as the only way to regulate and ensure the plunder and bloodshed that would be subject to the Colombian population, particularly her peasantry.
The oligarchy in this context, it boasts of its old spirit macho and militaristic the national picture of a left co-opted to try to supplement the military annihilation of the left who remained in arms. Green House attacks, insurgent stronghold that had been the FARC since the dialogues of the past five years, the oligarchy breaks unilaterally how little of the peace process still persisted and launched its strategy of annihilation.
During the 90's, state terrorism does kill thousands and thousands of peasants, workers, students and professionals unarmed, even comedians uncomfortable as Jaime Garzón, but their intention to annihilate the guerrilla military suffers resounding setback towards the end of the decade, guerrilla armies grow and begin to tip strategic blows to the Colombian Army, build strategic corridors and are positioned on the outskirts of Bogota in early 2000. After the ascent
insurgent military in the late 90's, comes a new period of dialogue, but curiously our tropical reality, the insurgency is always politically battered in the cycles of peace talks, on the contrary in the cycles of confrontation military resist persists and empowering. Case is met Fidel Castro when he said "no one survives in Colombia peace."
peace in the insurgency has lost politically, in the round of talks between 1985 to 1990, was beaten and exterminated legal political expression, despite the existence of UP was part of negotiated agreements with the government as part of a formula for building peace in the cycle peace negotiations conducted between 1989 and 2002, its legitimacy but not its correctness, was hit hard from a deep psychological operations game developed from the mass media.
While the blows to his political mistakes we can add legitimacy insurgents and various breaches of international humanitarian law, it is necessary to assess in perspective the silence of the media matrix from genocide proven in advance by members of the military and paramilitary armies, while, any violation of the insurgency to IHL, worked in public emotionality amplification and terrible fury.
In each of the two cycles mentioned above, the "peace process" have been as constant extermination of civilians, which is slaughtered, displaced and killed mercilessly by the policy of official terror.
But we return to the initial thread is the expression Colombian terrorist insurgency? From public international law and the right of peoples to revolt against a tyrannical government not is, from the epithet oligarchic media or the left if it is prepaid.
In the tradition of public international law is a policy framework that has resisted attempts by its collapse, the imperial attempts to criminalize as terrorist insurgent resistance of peoples has flourished in the international conventions on terrorism.
But remember that public international law, has been turned into a caricature of the imperial military power and the bourgeoisie of the world fail without restraint, they strive to qualify as terrorist actors whose political and open rebellion is justified by the structure close terrorist state the ways of peace and democratic politics.
stigmatizing behavior as terrorists freedom fighters, has no other purpose than to mask and hide the tragic civil war that has opened more than four decades, and denatured to a political actor.
This masking and keeps in a drawer silencing all theories of just war, which start to recognize the belligerent character of the opposing sides, assume them as public enemies and treat them under the positive rules of law of war.
Since the rules of war contained in the "public international law" once in arms, the side, which is essentially belligerent, should be treated as public enemy. This means 1. That being the subject of law of war can not be criminalized by domestic law, law of the regime against which it has been up in arms and whose law does not recognize or aspires to transform, 2. Its destruction is a legitimate target of war 3. Hostilities must be conducted considering the peace treaty eventulidad 4. Captured belligerents can not be tried for rebellion, but the character will automatically be prisoners of war shall be released only until end of the war or the parties agree to a swap prisoners, 5. Defeated belligerents are entitled to amnesty except for those who have committed crimes against humanity, 6. In a civil war in which the State is a party, it can not judge the actions of the belligerents who oppose him under the law.
Well, first go right and the other the conduct of the murderous Colombian oligarchy, which has won a quarter of an hour to inflicting a political blow to the guerrillas in their laboratories for the production of artificial and virtual legitimacy. It has beaten the legitimacy of an insurgent actor, but not its correctness, the correctness of its removal is not evaluated by the courts of "general public "fabricated from the most-media, but in the court of the people and history, which if the judge will make it fair and will survive for failure: The Guerrilla War is not terrorism, is popular resistance against tyranny.
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