Analysis of the humanitarian agreement as an alternative to negotiation in order to achieve the freedom of the kidnapped politicians in Colombia
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Abstract
The thesis defends the Humanitarian Agreement as a viable alternative solution for the problem of political kidnapped people in Colombia, who are those people for whose freedom the guerrilla of FARC does not ask the payment of money but the realization of a humanitarian exchange with guerrilleros in jail.
The research pretends to show that, under International Humanitarian Law and the internal Colombian legislation, the humanitarian agreement is legal and politically viable. In order to do that, it studies all the legislation of IHL, in particular Common Article 3 to the Geneva Conventions of 1949 and Additional Protocol II to the Geneva Conventions of 1977, the history of their approval, the jurisprudence of the Colombian Constitutional Court and the pronunciation of the main international organizations.
Regarding the political support of the viability of the Humanitarian Agreement the research shows factual antecedents of negotiations to obtain the freedom of hostages, either in Colombia ( demilitarization of the territory years 1979 and 1997, negotiation with the M-19 with the took of the Dominican Republic embassy, year 1980, negotiation with the group JEGA to obtain the freedom of the brother of the OAS general secretary, year 1996 and the humanitarian exchange of the Government of Andrés Pastrana, year 2001) and international cases ( Spain, Pakistan, Afganistan, Iraq, Israel). The idea of this chapter is to show that when there is political will, it is possible to really guarantee the rights of life and integrity of hostages.
Another objective of the research is to show the illegality of military rescue missions when the rights of life and integrity of hostages are at imminent risk, in accordance with the principles of proportionality and military necessity, established in Additional Protocol I to the Geneva Conventions, the international regulation of Human Rights and the Colombian Political Constitution.
In relation with the last topic the research also deals with the jaque Operation, made by the Army in which they obtained the freedom of the presidential candidate Ingrid Betancourt, three North Americans and eleven members of the Public Force.
In addition, the thesis presents an analysis of what has been the position of the Government of President Uribe in relation with the Humanitarian Agreement and the liberation of political kidnapped people, many of them with more than ten yeas of captivity, either the campaign for their relatives.