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

Hector Olasolo Alonso, Felipe Tenorio Obando

Resultado de la investigación: Contribución a RevistaArtículo

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.
Idioma originalEnglish
Páginas (desde-hasta)229-252
Número de páginas23
PublicaciónYearbook of International Humanitarian Law
Volumen20
DOI
EstadoPublished - dic 21 2018

All Science Journal Classification (ASJC) codes

  • Law

Concepts

  • Concepto

Citar esto

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title = "Are the Targets of Aerial Spraying Operations in Colombia Lawful Under International Humanitarian Law?",
abstract = "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.",
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Are the Targets of Aerial Spraying Operations in Colombia Lawful Under International Humanitarian Law? / Olasolo Alonso, Hector; Tenorio Obando, Felipe.

En: Yearbook of International Humanitarian Law, Vol. 20, 21.12.2018, p. 229-252.

Resultado de la investigación: Contribución a RevistaArtículo

TY - JOUR

T1 - Are the Targets of Aerial Spraying Operations in Colombia Lawful Under International Humanitarian Law?

AU - Olasolo Alonso, Hector

AU - Tenorio Obando, Felipe

PY - 2018/12/21

Y1 - 2018/12/21

N2 - 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.

AB - 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.

U2 - https://doi.org/10.1007/978-94-6265-264-4_7

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

M3 - Artículo

VL - 20

SP - 229

EP - 252

JO - Yearbook of International Humanitarian Law

JF - Yearbook of International Humanitarian Law

SN - 1389-1359

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