State liability and armed conflict: the right to repair in the building of peace

Abstract

The aim of the text is to analyze how the liability of the Colombian State has been stipulated within the context of the armed internal conflict through the recognition of reparation as a fundamental right. Accordingly, to achieve this analysis, the text sets out (i) what the internal armed conflict is and what elements lead to its recognition in international regulation and in the Colombian State. (ii) Subsequently, the concept of the fundamental right to reparation is examined by reconstructing the mechanisms established for the scope of its implementation. (iii) Finally, it analyses the liability of the State towards the victims of the armed conflict to give effect to the fundamental right to reparation in compliance with the elements that make up it and the content that shapes it. This proposal concludes with the presentation of arguments that postulate the requirement of an active role of the State for the fulfillment of the fundamental right to reparation guided to the construction of peace, that is to say, the intervention of the State and the liability that emanates from it are posed in relation to events within the framework of the armed conflict in the search for a stable and lasting peace.