Venezuela grants belligerent status to Colombian Rebels

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Venezuela grants belligerent status to Colombian Rebels
January 19th 2008, by Kiraz Janicke - Venezuelanalysis.com
Female FARC soldier in Colombia (Aporrea) Caracas, January 18, 2008 (venezuelanalysis.com) - The Venezuelan National Assembly voted yesterday to confer "belligerent status" to the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN). It also rejected the "unilateral lists imposed by the government of the United States," which classifies these groups as "terrorist organizations."

The move backs a call by Venezuelan President Hugo Chavez last week for the FARC and the ELN, Colombia's second largest guerrilla group, to be removed from the US and European Union's list of terrorist organizations.

Chavez argues recognition of the guerrillas as a "belligerent force" would open the path to peace and require the guerrillas to abide by the Geneva Protocols by desisting from using such methods as hostage taking and terrorist acts against civilians.

Historically, rebel groups seeking to overthrow governments or to secede from a state have sought "belligerent status"-as it accords a legal standing similar to that of a government, including diplomatic recognition and activates the law of international armed conflict for both sides.

According to international law experts, Ewen Allison and Robert K. Goldman, in the book "Crimes of War," a rebel group gained belligerent status based on the 1949 Geneva Conventions "when all of the following had occurred: it controlled territory in the State against which it was rebelling; it declared independence, if its goal was secession; it had well-organized armed forces; it began hostilities against the government; and, importantly, the government recognized it as a belligerent."

International Red Cross spokesperson in Colombia, Yves Heller on Wednesday however, classified the situation in Colombia as an "internal armed conflict", this effectively side steps the issue of recognition but requires both parties - the government and the guerrillas - to abide by a distinct body of humanitarian law crystallized in Common Article 3 of the Geneva Conventions of 1949 and Additional Protocol II in 1977.

While belligerent status would make the guerillas accountable to international human rights provisions in the Geneva Protocols, it also has political implications that the Colombian government does not want to cede such as recognition of FARC and ELN control over huge swathes of Colombian territory.

The Colombian government also does not recognize that there is an "internal armed conflict" in the country, rather, since 2001 it has classified these groups as a "terrorist organizations."

Colombia has flatly rejected Venezuela's call to recognize the guerillas and tensions between the two governments heightened this week after Colombian Foreign Minister Fernando Araujo and Peace Commissioner Luis Carlos Restrepo, said it constituted an interference in Colombia's internal affairs.
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