Negotiating Colombia's Peace Process: Disagreements of International Law

Abstract

The “internationalization” of the guerrilla war in Colombia signals a different course for resolving the 40-year-old conflict. Upon close scrutiny, it may actually prolong the war. This is the case since both groups, Colombian publicists and US policy-makers, who stand in the position of stewards to an international approach, oppose substantial political negotiation. The bulk of this Article examines the positions of international law taken by Colombian publicists. The author focuses on two issues which have been the subject of much recent debate. The first is the status of Colombia's guerrilla forces. The second issue concerns the rules of conduct of non-international war. The last portion of this Article examines the meaning of US-led internationalization of the Colombian conflict. Colombia is the last site of major civil strife in our hemisphere.President Bill Clinton, 28 October 1998.Colombia's people […] should know that we understand the many dimensions and long-term nature of the problems they face, and that we will do all we can to help them.Secretary of State Madeleine Albright, 10 August 1999.