Colombia's path towards peace: the role of IHL

There are eight non-international armed conflicts in Colombia. Three of them are between the Colombian state and the following armed groups: the National Liberation Army (ELN), the Gaitanista Self-Defence Forces of Colombia (AGC) and the former FARC-EP, currently outside the Peace Agreement. The other five conflicts are between non-state armed groups; one between the ELN and the AGC; and the remaining four between the former FARC-EP currently outside the Peace Agreement and 1) the Second Marquetalia, 2) the Border Commandos - Bolivarian Army, 3) the ELN and 4) the AGC.

The link between International Humanitarian Law (IHL) and peace

Colombia is a context that has contributed significantly to the development and practical implementation of IHL and where efforts have been and are being made to build peace and trust between the parties to armed conflicts.

There are guarantor countries in ongoing negotiations today within the framework of the current government's total peace policy (paz total). Norway facilitated the 2016 peace negotiations with the FARC and the implementation of the peace agreement.

IHL is crucial to mitigate the effects of war itself, but in particular to pave the way for peace. The ICRC is an organization entrusted with the mandate to protect and assist victims of war and other situations of violence. Today we are surrounded with narratives of dehumanization, polarization, and great violence. In the name of humanitarian principles, humanitarian organizations such as the ICRC call for promoting mutual understanding and lasting peace. The dialogue between rivals can reduce tensions and build trust. There is a time when dialogue between all parties to the conflict has to resume and be taken up. Neutrality is key in the process. It allows to maintain the confidence of all sides. When applied and respected, IHL can help build bridges. Respect for IHL and respect for peace are mutually reinforcing. Respecting IHL during times of armed conflict can remove obstacles to peace, reduce the cost of rebuilding when the process of conflict has been overcome and the return and resettlement is underway. This makes post-conflict rebuilding reconstruction efforts far less costly, less cruelty in times of war, and less hatred as an obstacle to resolving it. Dialogue breaks down at times of war to preserve the possibility of discussions through even the most limited and modest humanitarian actions. For example, the facilitation of detainees release is a confidence building measure. For IHL to remain effective, it must be universally respected and enforced.

States must recommit to ensuring that all IHL parameters remain relevant and respected. IHL should not be used by any actor simply to criticize the behavior of the actor. It should primarily be used to measure whether oneself is ready to apply those rules to a situation where one's own national security would be at risk or challenged. The universality of IHL begins at its ratification, implementation and incorporation into national legislation and into national military doctrines, and carries out education and training for military and the dissemination to civilian population. This really serves as a reminder of what is at stake and helps build the trust necessary for conflict prevention and resolution.

In 2016 the Colombian government and the FARC signed a peace agreement and integrated IHL obligations into it addressing issues such as the missing persons and child recruitment. The Colombian policy of "total peace" builds on this foundation aiming to doster lasting peace while addressing the rights of victims to truth, justice and reparations.

The willingness of parties to resolve a dispute through a negotiated path: the Colombian peace process

Recognition of Colombia's commitment to seeking the path to peace. ICRC's role of neutral intermediary allowed the organization to gain trust. Peace is not only the absence of gunfire, it also begins with concrete decisions that are made both in the midst of conflict and in the immediate aftermath. This is a responsibility we should all take very seriously and act upon now. IHL can alleviate suffering and save lives. It needs implementation at national level, legislation policies, institutions and systems on detention, victims, explosive hazards, missing persons... IHL provides avenues to take humanitarian action during peace time: demobilization of children, with the beginning of the search of missing persons. The Geneva Conventions foresee special agreements for humanitarian controversies that can lead the path to negotiations for broader peace. This armed conflict is very victim centered (human security). How does the Colombian government view the importance of IHL in the context of the ongoing conflict in the country? Peacemaking and peacebuilding has consistently relied on IHL, as a means to build trust, facilitate peace negotiations, and enforce the resulting peace agreements according to the truth commission.

In over six decades of conflict, there have been more than 9 million victims, representing around 18% of the total Colombian population. The 2016 peace agreement explicitly invoked Article 6.5 of Second Additional Protocol, which provides for the granting of the possible amnesty of persons who have participated in the armed conflict for those deprived of liberty. To this end, a law on amnesty was adopted in December 2016 which defines which crimes could be included in the amnesty and national debate. The adherence to both IHL, international criminal law and international human rights law provided a framework that was accepted by the parties to the conflict, as well as by society. The "Total Peace" agenda aims at implementing the 2016 peace agreements negotiations, as well as the reforms to security, social and drug policy. The strategy takes into account the risk of renewed violence and it seeks to protect civilians from the long lasting impact and humanitarian cost of the "conflict policy of engagement". That has evolved since the 1990s in Norway, where this policy of engagement for conflict resolution facilitates peace processes. The Norwegian 'model' for conflict resolution involves a focus on communication, consensus-building, and promoting peace through dialogue and negotiation. This approach is characterized by inclusivity, trust-building, and a commitment to finding mutually beneficial solutions to disputes. Norway's successful track record in mediating international conflicts has made it a respected global leader in peacebuilding efforts.

Alleviating and addressing human suffering

Parties to the conflict negotiate but there can be facilitators entrusted by these parties, such as the ICRC or UN actors. Victims, survivors, the situation of affected people, their role and their views are taken into account. Preversavion of the basic standards of humanity through dialogue, humanity, impartiality, neutrality, independence, testimony, universality, access to victims and monitoring of the fulfilment of their needs, proximity, proportionality and responsibility. IHL principles must be embedded across domestic legislation, military doctrine, non-state armed groups manuals and military manuals.

How the Geneva Conventions and IHL have influenced the Colombian legal frameworks and practices and practices, especially the transitional justice? 1991 Constitution recognizes that international treaties and agreements ratified by Congress in Colombia have priority over domestic law. According to Additional Protocol II of the Geneva Conventions, humanitarian norms are not limited to reducing the devastation of war. And that IHL facilitates mutual recognition between the warrying actors, thus fostering the pursuit of peace and reconciliation. Acknowledging the harm that victims suffer as a result of IHL violations is a prerequisite for receiving reparations from the state.

Communities share their stories

Civilians often find themselves between a rock and a hard place, pressured by armed actors, threatened by the opposing side and suffering reprisals. Civilians must never be drawn into conflicts and must be respected at all times.

People in Colombia continue to be victims of threats, sexual violence, recruitment, use and direct participation in hostilities, use of explosive devices with indiscriminate effects, cruel, inhuman and degrading treatment, arbitrary deprivation of liberty. Parties to the conflict fail to comply with IHL in the conduct of hostilities. In most cases, they respond to a lack of precaution to protect the civilian population and civilian objects from the effects of hostilities. Forced displacement is increasing in areas such as Bolivar, Cauca, Nari?o, Amazonas, Huila, Meta, La Guajira and Putumayo - families leaving their homes for long periods of time or not returning at all. Displaced persons face mental health and economic hardship due to the loss of their livelihoods, in addition to the risks of re-victimisation.

Territorial disputes between armed actors and the presence of explosive devices have led to the confinement of people in areas such as Chocó, Antioquia and Cauca. These situations generate uncertainty, fear and anxiety in communities and make it difficult to access essential resources and services such as food, water, education and medical care. In Arauca and Sur de Bolivar, communities find themselves in the midst of confrontations. It is essential that armed actors are able to respect the principles of IHL in order to limit the consequences for the civilian population as much as possible and thus avoid displacement, confinement, disappearances, threats and dispossession.

Missing persons persist in areas such as Arauca, Cauca, Nari?o, Norte de Santander, Chocó and Valle de Cauca. Territorial disputes between state and non-state armed actors generate a hostile environment that can paralyse relatives' attempts to access search institutions. Many families, caught between the desire to search for their loved ones and the fear of reprisals, opt for silence. In other cases, people report their family member as missing after long periods of time, when the traces of their disappearance may have been erased and finding them becomes even more difficult. Children and adolescents are very vulnerable in times of armed conflict and violence. The disappearance of children has a lasting psychological and psychosocial impact on communities.

The Colombian State must implement the National Search System and strengthen the Unit for the Search for Missing Persons, as well as the medico-legal system. It must guarantee the families of disappeared persons access to the state care routes. Humanitarians reaffirm our commitment to continue accompanying the families and people who search, as well as those who continue to defy time and absence, and who will not rest until they find their missing relatives.

The bilateral, confidential, neutral, impartial and independent dialogue that we humanitarians maintain with all armed actors allows us to receive released persons, verify their state of health and reunite them with their families. On the other hand, the lack of a preventive approach to health in detention settings, coupled with insufficient access to essential services such as water, food, hygiene and sufficient ventilation, jeopardise the timely attention to the physical and mental health of persons deprived of their liberty. The Colombian State must not forget its initiatives aimed at improving the conditions of detention of persons deprived of liberty in order to humanise them, improve the management of prisons and facilitate access to justice.

Peace and social justice are the way

Peace is the way is an invitation from Colectivo Miradas to reflect on the completeness of the peace process. Their work weave stories of resistance, pain and overcoming, opening a dialogue between the viewer and the people portrayed. From the marks of conflict engraved on the bodies, to the objects preserved as symbols of memory, the photographs lead us to those who have lived through the process of reconciliation and peace in Colombia, to an intimate encounter with the people who have lived through it.

We should recognize that reconciliation is not a destiny but a continuous and collective process. In recognizing this, we will encounter lives that have transformed pain into art and conflict into an opportunity for change. To question our own prejudices and to commit ourselves to the construction of a lasting peace. Hopeful reminder of the power of the human will to overcome the wounds of the past, start a new beginning and build a better future.