Abstract
Drug-trafficking in Colombia has been a widely researched phenomenon, especially now, as the country undergoes a transition process with its older guerrilla. Now more than ever it is fundamental to examine how drug-trafficking organizations violent activities affect the consolidation of peace. This article considers different approaches to study violence derived from drug-trafficking, in order to advance towards the objectives of transitional justice. For that matter, this work is based on the idea that drug-trafficking directly generates and reproduces violence which is fueled by the structural violence present in the Colombian context. My thesis is that this phenomenon deters non-repetition guarantees and weakens democracy, which is why there will be three main arguments presented that will revolve around the lack of consensus and the implications of considering drug wars as civil wars, how decisions related to the conceptual apprehension limit the competence of international humanitarian law, and the need for holistic strategies capable of facing drug-trafficking’s political and violent power. Later, alternatives will be explored around the possibilities that each argument offers, as well as which aspects could contribute to a more appropriate approach to combat drug-trafficking. Lastly, I will defend why implementing bottom-up oriented actions can advance towards transitional justice’s intermediate and final objectives, as it is the only alternative that escapes fatalist, utopian or interventionist scenarios.
Highlights
Canadá. orcid: lence derived from drug-trafficking, in order to advance towards the objectives of transitional justice
My thesis supports that this phenomenon deters non-repetition guarantees and weakens democracy, which is why, I will develop three main arguments that will revolve around the lack of consensus, and the implications of: considering drug wars as civil wars, how decisions related to the conceptual apprehension limits the competence of international humanitarian law, and the need for holistic strategies capable of facing drug-trafficking’s political and violent power
As the evidence from Brazil, Mexico and Colombia proves, the violence exercised by drug-trafficking organizations (DTOs) meets the criteria to be considered as a threat to peace, security and human rights, because they engage in systematic violations of crimes contemplated by the Rome Statute
Summary
According to the previous section, drug-trafficking related activities have directly impacted the armed conflict in Colombia. As the evidence from Brazil, Mexico and Colombia proves, the violence exercised by DTOs meets the criteria to be considered as a threat to peace, security and human rights, because they engage in systematic violations of crimes contemplated by the Rome Statute. They meet the war criteria as they generate conflict, fight other armed legal and illegal organizations, and are guided by organized violence. As Uprimny suggests, a legal debate around the crimes that should be included as part of international obligation could benefit from a broader application of the duty extending to all behaviors that could be considered as “gross violations of human rights” (Sánchez & Uprimny, 2019, p. 28), especially when the goal is to protect civilians over prosecuting individuals; the broader the scope, the wider the mechanisms to prevent, protect and repair
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