Summary:
This article addresses issues related to the historical and normative background of environmental law, the international regulatory framework, the background of environmental legislation in Colombia and the precautionary principle in environmental law, how this normativity is being developed by legislations worldwide and in the different branches of law, among which we have Operational Law, International Humanitarian Law, International Human Rights Law, International Law of Armed Conflicts, Criminal Law, Administrative Law, Therefore, the challenge is to articulate the internal legislation with the international legislation, through the treaties adopted by Colombia in terms of strategies that allow an effective and forceful environmental control, especially in those missions developed by the Military Forces, both in the actions that may present repercussions of environmental degradation, as well as in activities of environmental protection and recovery, an issue that for 3 decades has been dealt with in the law of armed conflicts that has recognized the need to protect the environment (Louise, 2007). This paper has the following structure: first, a historical and normative framework of environmental law and its international regulatory framework is established; second, the background of environmental legislation in Colombia is established; and finally, the development of the precautionary principle and some conclusions are drawn.
Key words: legal framework, military operations, environmental law, drug trafficking, precautionary principle and threats.
Introduction
Colombia has been the scene of multiple internal conflicts throughout its history, and despite a peace agreement with the FARC, the situation of violence continues, this due to multiple factors, the first is due to the continuing hostile actions with the ELN guerrilla group, organized armed groups and FARC dissidents, who chose to rearm and continue in clandestinity, all of the above groups protected by the drug trafficking business, However, this illegal activity causes serious environmental damage, therefore, it is necessary that military operations be forceful against this threat, but from the application of the precautionary principle, so that the harmful effects on the environment in the areas where illicit crops are grown are minimized.
Among the main criminal organizations in Latin America is the criminal phenomenon of drug trafficking, which is strengthened thanks to the new approaches of organized crime, enabled by deviant globalization and fifth generation wars, which has allowed it to make associations with insurgent and terrorist groups, therefore to date drug trafficking is positioning itself more and more, with serious consequences for our country, as it affects us in various ways, both in the social, cultural, economic, security and environmental spheres.
Methodology
The following methodological aspects will be taken into account in the development of this research:
- Descriptive type method, which allows us to establish the characteristics, and the current state of military operations against drug trafficking.
- The data collection technique allows us the documentary analysis of all the regulations related to the object of the problem posed, to obtain the notions on the legal field through the international protocols on environmental protection in armed conflict, which regulate the actions of the military, who in almost all parts of the world, is recognized as a political and social force whose function is to defend the integrity of the territory against internal and external threats, guaranteeing peace.
- The research approach is qualitative, which allows gathering all the information related to the subject, in order to analyze the decisions of the Special Justice for Peace, in which the environment has been declared as a victim of the armed conflict in Colombia.
Historical and normative framework
Within the internal armed conflict that Colombia has experienced (Rizo, 2012), there have been innumerable military operations carried out by the Colombian Armed Forces, and in the development of the operation, damage to the environment may occur, therefore it is a priority that the parties in conflict and especially the Army is the guarantor in the protection of the environment, an issue of vital importance considering the current threats to humanity, coming from different sources of threat, which may generate irreversible damage to the planet, such as those that have caused climate change (Salomon, 2007).
An important concept for the needs of modern societies is that of biopolitics (Lopez C. , 2014) which determines government policies in relation to the environment (Enrici, 2012), and this must be analyzed from the scope of “security” which according to the Constitutional Court “…is projected in three different dimensions, namely: (i) as a constitutional value, (ii) as a collective right and (iii) as a fundamental right…”, and its protection is the responsibility of the State (T-224, 2014), therefore during armed conflicts, it can be determined as an object of conflict.
The Armies of the world, acquired in recent years, roles in the protection and defense of renewable and non-renewable resources, activities that the active personnel of the Colombian Army (ESDEGUE, 2017), develops throughout the territory avoiding the illegal exploitation of natural resources by illegal armed groups, protection of protected species, and the protection and conservation of flora and fauna, which is threatened precisely because Colombia due to its geographical location, and the diversity of climates, has a rich heritage of biodiversity of flora and fauna. (Law 165, 1994)
The need to regulate and specifically establish the procedures and scope of the mission of the military, becomes more evident in the current context (Buitrago, 2018), attending to the frustrated peace process with the FARC, and the emergence of dissidents with the management of drug trafficking, such as the continuity of other subversive groups (ELN), the imminent rise of the activities of Criminal Gangs or Organized Armed Groups (GAO), and criminal structures dedicated to illicit enrichment through the illegal commercialization of hydrocarbons, fauna, flora, minerals, and illicit drugs, This requires the use of force to confront these types of organizations, since both in times of war and peace, the emerging threats continue, due to the indiscriminate exploitation of natural resources, the contamination produced by the polluting effects of certain weapons, and the use of the environment as a weapon of war, which is prohibited in Additional Protocol I (articles 35(3) and 55 on the protection of the environment in times of armed conflict (Protocol I, additional to the Geneva Conventions, 1949).
Background of Environmental Law
Awareness of the environment is a current issue of constant concern for mankind, due to the fact that in the last 200 years of industrial revolution and new technologies and innovations, ecosystems have been seriously affected, threatening the existence and welfare of living beings. Therefore, in the field of law, progress has been made in the development of regulations to restrict and regulate human activities, in order to prevent the deterioration of the environment, In order to establish responsibilities and procedures for specialized organizations (Soler, 1997), with the purpose of providing solutions to environmental problems that arise when man prioritizes his economic needs over the importance of nature for human life, the law is the means to determine and enforce the “must be” in the field of human behavior that is considered necessary or desirable for the preservation of the environment (Quintana, 2000).
The antecedents of the first environmental norms are undoubtedly related to citizen participation movements to achieve the protection of certain animal species from extinction and the protection of agricultural and economic interests. Then we find the protection norms generated by the damages caused during the Second World War, and finally the norms issued due to international instruments such as agreements and treaties on the environment that seek a balance between the economy and the environment (Perez E., 2000).
Colombia has suffered several natural disasters and an internal armed conflict, where its rich biodiversity has been severely affected, therefore the development of the legal framework has an environmentalist approach, which was enshrined in the current constitution and in the tools developed in the ordinance for environmental protection, which requires in addition to the regulatory framework the implementation of government policies, including development in science and technology in order to solve current problems especially in human health as a result of environmental degradation. These regulations were initially included in Decree 2811 of 1974, “Renewable Natural Resources and Environmental Protection Code”, and in Decree 622 of 1977, “Natural Resources Code”.
In Colombia, these environmental policies issued at the international level have been adopted in internal regulations and submitted to constitutional control, and in sentence C-519 of 1994 the Constitutional Court recognized Colombia as a “megabiodiverse” country, which deserves special protection for the well-being of humanity:
“Colombia is one of the countries that should have the greatest interest with respect to international agreements on biodiversity. The reason is, moreover, simple: our country has been recognized worldwide as one of the biological centers of greatest diversity. In this regard, we need only refer to the explanatory memorandum […] when the bill corresponding to the aforementioned Diversity Convention was submitted to Congress: “countries such as Colombia, classified as ‘mega-biodiverse’ cannot afford to cancel one of the most critical comparative advantages in international relations and the economy of the 21st century: genetic resources and biological diversity. In many cases this advantage is absolute when it comes to endemic species, i.e. unique and not repeated anywhere on the planet (…) “Colombia is one of the 13 countries on the planet that concentrate 60 percent of the world’s biological wealth. […] Our country gathers approximately 10 percent of all animal and plant species in the world, although it represents less than 1 percent of the terrestrial surface. This characteristic places the country in one of the first places in diversity of species per unit area, and total number of species. “One third of Colombia’s 55,000 plant species are endemic, which is considered an unparalleled richness, equivalent to 10% of the total identified (Bundestag, 1990). The country has, for example, 15% of the species of orchids classified worldwide; more than 2,000 identified medicinal plants and a large number of species of commercial fruits, wild or only locally cultivated, which are edible or can be used for the genetic improvement of cultivated species. “In the country, 338 species of mammals have been classified, which represents 8% of the total known species on the Planet; 15% of the living primate species; 1,754 species of birds (18%); and almost 3,000 terrestrial vertebrates.”
Environmental Law
Environmental Law is currently a field that encompasses different disciplines of law, and its purpose is to protect the environment, regulating human relations, in terms of their obligations and responsibilities with their environment, identifying the sources of risk, effects and impacts that have been generated or that may be generated, making this responsibility one of the main contemporary trends in law (Londoño, 1999). It is defined as “a legal discipline that investigates, studies and analyzes the different relationships between natural assets and anthropic activity, guiding the legal regulation of human conduct and attitudes regarding the use, exploitation and exploitation of natural resources, conservation of nature and protection of the environment” (Jaquenod, 1996). Environmental law, aims to govern, order, regulate, direct human life and its acts in relations with the environment (Sanchez, 2017).
Within the sciences that are regulated in environmental law, we find ecology, which explains the relationship of living beings with their environment, being a link between natural and social sciences (Odurn, 1989), i.e. the relationship of man and the environment, being and environmental law regulates the duty to be of this relationship.
Environmental Law as a branch of Public Law
Environmental Law becomes visible with the adoption of several international instruments such as: the United Nations Conference on the Human Environment (Stockholm Declaration, 1972), developed by the Earth Charter of 1982; the Rio Declaration on Environment and Development (Earth Summit, 1992) and the Johannesburg Declaration of 2002 (World Summit on Sustainable Development, 2002); The Convention on Biological Diversity and the Cartagena Protocol on Biosafety and the Kyoto Protocol, which addresses the issue of climate change and the need to stabilize the concentration of greenhouse gases in the atmosphere (United Nations, 1990).
And it is due to the various issues covered by this law, that it has been discussed to which branch of law it belongs, whether to the branch of public law, economic law or private law, considered by some as an autonomous branch of law, despite having a cross-cutting nature to the other branches of law. The reasons for placing it within domestic or international public law is because it regulates collective interests, such as the quality of life of man in society and his relationship with nature (C-423, 1994), despite this, it is also related to private law due to contractual or extracontractual liability, which are compromised when economic development projects are confronted with environmental interests (Rodriguez, 2012).
International Regulatory Framework
International Environmental Law (IEL) is a global discipline that has had an important development in the last years, regulating mechanisms of reparation and prevention of damage and integrating regional protection subsystems (Plaza, 2009).
The content of this law is very varied, including the compendium of declarations, treaties and norms coming especially from two international conferences: the Stockholm Earth Summit on the Human Environment, the first international document to recognize the right to a healthy environment (United Nations, 1972) and the Earth Summit of Rio de Janeiro (1992).
The inspiring legal principles on which international environmental protection is based are: the principle of international cooperation for the protection of the environment, the principle of prevention of transboundary environmental damage, the principle of liability and reparation of damages (Mariño, 2010).
Regarding the criminal regulations and jurisprudence of the countries in relation to the protection of the environment, we see that in Anglo-Saxon countries (Common Law) they are inclined to judge the conducts that attempt against this legal good by the objective responsibility, in which the previous demonstration of the subjective element is not required but the simple proof that the damage to the environment was perpetrated by the agent and in the Latin environment (civil law) the category of formal types or danger and the eventual malice are adopted as criteria of criminal responsibility (Process No. 23286, 2007). 23286, 2007).
In a more specific framework, international human rights law has addressed issues related to the protection of the environment, establishing that human development and fulfillment can be achieved if the environment is not damaged (Schwartz, 1999).
International Environmental Law (IEL).
International law, through its norms and mechanisms, can help us to clarify the gaps in IHL on environmental protection issues (Parsons, 1998), especially when determining the responsibilities and actions of the actors for environmental destruction and degradation during armed conflicts and the mechanisms to reduce the effects, which may persist for many years after the end of the conflict (Swinarski, 1984).
The provisions contained in the rules of IHL on environmental protection during armed conflicts are not sufficient; on the contrary, DIMA contains a broad set of rules on environmental protection in peacetime (Bothe Bruch Diamond & Jensen, 2010) and their application in situations of armed conflict requires multilateral agreements on the environment, establishing the norms of customary international environmental law and instruments that could be applied, as they are norms that complement the approaches and establish mechanisms to prevent damage to the environment, limiting the destruction and contamination that could occur as a consequence of a war (Juste, 1997).
Nagoya Protocol
The Nagoya Protocol arises as a means to materialize the objectives of the Convention on Biological Diversity and as a measure against a problem such as biopiracy (Acosta, 2015), understood as the illegal, irregular and/or inequitable access, use and/or exploitation of biological resources and their derivatives, which seeks the vindication of indigenous peoples and local communities with respect to their traditional knowledge, in the management of genetic resources, such as all material of plant, animal, microbial or other origin containing functional units of heredity, thus protecting the intellectual property of these communities (Donoso, 2007).
Background of Environmental Legislation in Colombia
The environmental legislation in our country has given greater coverage to the latent needs, to provide solutions to the problems of this sector, therefore the legal framework is composed of both international treaties ratified by Colombia on environmental issues and the general and specific norms of our internal order (Acevedo A., 2006). With the creation of the Ministry of the Environment through Law 99 of 1993, the National Environmental System and the National Environmental System -SINA (integrated by the Ministry of the Environment, the Regional Autonomous Corporations, the Territorial Entities and the Research Institutes attached and linked to the Ministry) were organized, which have allowed establishing regulations between the rights and duties of the individuals and the State in relation to the environment.
Our constitution (1991), is known as the green or ecological constitution as it consecrates in its article 79 the right to nature as fundamental for life, determining the right of all persons to enjoy a healthy environment and from this perspective, the interaction between international environmental law and national law must be analyzed, through its main sources: Treaties, Custom and Soft Law and its application in the jurisprudence of the Constitutional Court (Acevedo A. , 2006).
The Constitutional Court attributes to the constitutional norm a triple dimension as follows: “On the one hand, environmental protection is a principle that irradiates the entire legal system since it is the obligation of the State to protect the natural wealth of the Nation. On the other hand, it appears as the right of all persons to enjoy a healthy environment, a constitutional right that is enforceable through various judicial channels. And, finally, from the ecological Constitution derive a set of obligations imposed on the authorities and individuals” (Sentence C-126, 1998).
This concept of the environment as a human right has been developed through the jurisprudence of the Constitutional Court (Ruling T-851, 2010), as well as the concept of the Right to a healthy environment, which is directly related to the right to life and health and is considered a right of constitutional rank and a matter of general interest (Ramos, 2018) with a public service character, which together with education, health and drinking water, are considered social objective since it advocates for the quality of life of citizens.
In the development of environmental regulations we find:
- Decree 1397 of 2016 of the Ministry of Environment and Sustainable Development “By which the conditions are established for the assembly, installation and operation of areas of the national territory for the temporary location of members of armed organizations outside the law in the framework of a peace process”.
- Resolution 97 of 2017 “whereby the Single Registry of Ecosystems and Environmental Areas is created and other provisions are adopted”
- Resolution 0376 of 2016: cases that do not require license modification.
- Decree 1076 of 2015. Sole Regulatory Decree of the Environment and Development Sector.
- Resolution 6 of 2015. “Whereby the suspension of the use of the herbicide glyphosate in the eradication operations of illicit crops by aerial spraying is ordered”.
- Decree 1077 of “Whereby the Sole Regulatory Decree of the Housing, City and Territory Sector is issued”.
- Decree 1076 of 2015. Sole Regulatory Decree of the Environment and Development Sector.
- Decree 2041 of 2014. “Whereby Title VIII of Law 99 of 1993 on environmental licenses is regulated”.
- Resolution 2090 of 2014. “Whereby the Páramo Jurisdicciones – Santurbán – Berlín is delimited, and other determinations are adopted”.
- Resolution 0456 DE 2014. “Whereby the first article of Resolution 138 of 2014 is modified”.
- Decree 1970 of 2012. Which amends the chapter on traditional mining of Decree 2715 of.
- Final document of the Rio plus 20 Conference. “The future that “.
- Law 1518 of 2012. “Whereby the International Convention for the Protection of New Varieties of Plants, of December 2, 1961, as revised at Geneva on November 10, 1972, October 23, 1978 and March 19, “
- Law 1515 of 2012. “Whereby the “Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure”, established in Budapest on April 28, 1977 and amended on September 26, 1980 and its “Regulations”, adopted on April 28, 1977 and amended on January 20, 1981 and on October 1, “
- Law 1473 of “Whereby a fiscal rule is established and other provisions are issued.”
- Law 1466 of “Whereby subsection 2 of article 1o (object) and subsection 2 of article 8o, of Law 1259 of December 19, 2008, “whereby the application of the Comparendo Ambiental was established in the national territory to violators of the rules of sanitation, cleaning and collection of debris, and other provisions are enacted.”
- Law 1454 of “Whereby organic norms on territorial planning are issued and other provisions are modified.”
- Law 1450 of “Whereby the National Development Plan, 2010- 2014 is issued.”
- Decree-Law 3573 of 2011. “Which creates the National Environmental Licensing Agency.”
- Law 1444 of 2011. “By means of which some Ministries are split off, precise extraordinary powers are granted to the President of the Republic to modify the structure of the Public Administration and the personnel plant of the Attorney General’s Office of the Nation and others are enacted.”
- Decree 2372 “Whereby the National System of Protected Areas (SINAP) is regulated.”
- Decree 2820 of 2010. “Whereby environmental licenses are regulated.”
- Law 1348 of 2009. “Whereby the “International Convention for the Regulation of Whaling”, adopted in Washington on December 2, 1946, and the “Protocol to the International Convention for the Regulation of Whaling, signed in Washington, on December 2, 1946″, made in Washington, on November 19, 1946, are approved.”
- Law 1333 of 2009. “Whereby the environmental sanctioning procedure is established and others are dictated”.
- Decree 400 of 2009. “Whereby visual outdoor advertising in the District is regulated”.
- Law 1259 of 2008. “Whereby the application of the environmental comparendo is established in the national territory to the violators of the rules of cleaning, cleaning and collection of debris; and others are enacted”.
- Law 1252 of 2008. “Whereby prohibitive norms are issued in environmental matters, referring to hazardous residues and wastes and other provisions are issued.”
- Law 1242 of “Whereby the National Code of Navigation and Fluvial Port Activities is established and other provisions are issued.”
- Law 1198 of 2008. “Whereby the “Agreement between the Republic of Colombia and the Swiss Confederation on the reciprocal promotion and protection of investments and its protocol”, made in Berne, Switzerland, on May 17, 2008″ is approved.”
- Decree 1498 of 2008. “By means of which the Forest Crops Policy is regulated”.
- Decree 2436 of 2008. “By means of which access to sanitary landfills and Municipal incentive for final disposal of waste is regulated.
- Law 1159 of “Whereby the “Rotterdam Convention for the Application of the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides, Subject of International Trade”, made in Rotterdam on September ten (10), nineteen hundred and ninety eight (1998), is approved”.
- Law 1152 of 2007. “Whereby the Rural Development Statute is enacted, the Colombian Institute of Rural Development, Incoder, is reformed, and other provisions are enacted.”
- Decree 1323 of 2007. “Whereby the Water Resource Information System (SIRH) is created.”
- Decree 3600 of 2007. “Whereby rural Land Use Planning and Urban Development licenses are regulated.”
- Law 1021 of 2006. “Whereby the General Law is enacted.” Decree 1900 of 2006.
- Decree 1900 of “Whereby the surcharge for the use of water is regulated.”
- Law 981 of 2005. “Whereby the Environmental Surcharge on tolls on roads near or located in Municipal Conservation and Protection Areas, Ramsar sites or Wetlands of International Importance defined in Law 357 of 1997 and Biosphere Reserves and Buffer Zones is established.”
- Law 945 of 2005. “Whereby the “Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal”, concluded in Basel on December ten (10), nineteen hundred and ninety-nine (1999), is approved.”
- Decree 4742 of 2005. “Whereby it regulates the surcharges for the use of “
- Decree 4741 of 2005, “Whereby partially regulates the prevention and management of hazardous waste generated within the framework of the management of hazardous waste” (Decree 4688 of 2005).
- Decree 4688 of 2005. “Whereby hunting is regulated “…” Decree 838 of 2005.
- Decree 838 of 2005. “Whereby the final disposition of solid waste is regulated”.
- Decree 1200 of 2004. “Whereby the Planning Instruments are determined” Decree 155 of “Whereby the Planning Instruments are determined”.
- Decree 155 of “Whereby the surcharge for the use of water is regulated”.
- Decree 190 of 2004 “Whereby the Bogotá Development Plan is regulated”.
- Decree 3100 of 2003. “Whereby the contributory and compensatory rates for the use of water are regulated.” Decree 1604 of 2002.
- Decree 1604 of 2002. “Whereby the joint commissions of hydrographic basins are regulated.”
- Decree 1668 of 2002. “Whereby the manner of election of the representatives of the Non-Governmental Environmental Organizations, the CARs and the Sustainable Development Corporations to the National Environmental Council is regulated.”
- Decree 1669 of “Whereby the management of hospital waste is regulated.”
- Law 850 of 2003. “Whereby citizen oversight bodies are regulated.”
- Decree 506 of 2003. “Whereby visual outdoor advertising in the Territory is regulated.” Decree 302 of 2003.
- Decree 302 of 2003. “Whereby scientific research on biological diversity is regulated”.
- Decree 1505 of 2003. “Whereby the integral management of solid waste is regulated.”
- Law 822 of 2003. “Whereby norms related to generic agrochemicals are issued.”
- Law 807 of 2003. “Whereby the Amendments to the Convention on International Trade in Endangered Species of Fauna and Flora are approved.”
- Decree 1668 of 2002. “By which the manner of election of the representatives of the Non-Governmental Environmental Organizations, the CARs and the Sustainable Development Corporations to the National Environmental Council is regulated.”
- Decree 1669 of “Whereby the management of hospital waste is regulated.”
- Law 850 of 2003. “Whereby citizen oversight bodies are regulated.”
- Decree 506 of 2003. “Whereby visual outdoor advertising in the Territory is regulated.” Decree 302 of 2003.
- Decree 302 of 2003. “Whereby scientific research on biological diversity is regulated”.
- Decree 1505 of 2003. “Whereby the integral management of solid waste is regulated.”
- Law 822 of 2003. “Whereby norms related to generic agrochemicals are issued.”
- Law 807 of 2003. “Whereby the Amendments to the Convention on International Trade in Endangered Species of Fauna and Flora are approved.”
- Decree 1397 of 2016 of the Ministry of Environment and Sustainable Development “Whereby the conditions are established for the assembly, installation and operation of areas of the national territory for the temporary location of members of armed organizations outside the law in the framework of a peace process”
- Resolution 6 of “Whereby the suspension of the use of the herbicide glyphosate in the eradication operations of illicit crops by aerial spraying is ordered”.
- Decree 2041 of 2014. “Whereby Title VIII of Law 99 of 1993 on environmental licenses is regulated”.
- Decree 1970 of 2012. Which modifies the chapter on traditional mining of Decree 2715 of 2012.
- Law 1259 of 2008.Whereby the application of the environmental comparendo is established in the national territory to violators of the rules of cleaning, cleaning and collection of debris; and other provisions are enacted.
- Law 1466 of 2011. Whereby the application of the “Comparendo Ambiental” was established in the national territory to violators of the rules of sanitation, cleaning and collection of debris, and others are enacted.
- Law 1333 of 2009. Whereby the environmental sanctioning procedure is established and others are enacted” Law 793 of “Whereby the environmental sanctioning procedure is established and others are enacted”.
- Law 793 of “Whereby Law 333 of 1996 is repealed and the rules governing forfeiture of ownership are established.”
Environmental Precautionary Principle
It is among the first canons of human behavior such as “prudence” (good advice, insight and judgment) in the face of the uncertain and unknown (Aristotle, IV BC). Likewise, we find it in the Philosophy of Law, where the challenges posed by the survival of humanity and the implications of technological advances are analyzed, and how these can be detrimental to the existence of the planet (Hans, 1979), and at the international level with the Second International Conference on the Protection of the North Sea 1987, it was established: “To protect the North Sea from the effects of substances likely to be harmful, a precautionary approach is necessary that may require action to be taken to limit the input of such substances, even before a cause-effect relationship has been established from incontestable scientific evidence” (Romero C. , 2004)
The precautionary principle has developed a preponderant role in international agreements and treaties such as the United Nations Conference on the Human Environment (UN, 1972), where it is established that “man’s capacity to transform his surroundings” must be “used with discernment” and “applied erroneously or imprudently (this power) can cause incalculable damage to human beings and their environment”. It establishes the need for “deeper knowledge and more prudent action” to ensure the survival of present and future generations. This precautionary principle is also enshrined in the following conventions: Montreal Protocol on Substances that Deplete the Ozone Layer (1987);
United Nations Framework Convention on Climate Change (1992); Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997); Convention on Biological Diversity (1992); Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling and Highly Migratory Species (1995); Framework Agreement for the Conservation of Marine Living Resources in the High Seas of the South Pacific – Galapagos Agreement (2000); the Cartagena Protocol on Biosafety to the Convention on Biological Diversity (2000); the Convention on the Conservation and Management of Fishery Resources in the South Atlantic (2001).
In Colombia, the precautionary principle is regulated in domestic law as a guiding principle of environmental protection, in Law 99 of 1993, Article 6 of which establishes that “The formulation of environmental policies will take into account the results of the scientific research process. However, the environmental authorities and individuals shall apply the precautionary principle according to which, when there is a danger of serious and irreversible damage, the lack of absolute scientific certainty shall not be used as a reason to postpone the adoption of effective measures to prevent environmental degradation”.
Justification of the precautionary principle in environmental matters
The precautionary principle is one of the fundamental pillars of the principle of sustainable development and the duty to protect the environment, which are enshrined in our National Constitution, aligned with the policies of today’s world that adopts more innovative forms, which allow regulating risks, when there is doubt on the part of the regulatory and control entities, it is there where the precautionary principle must be applied in order to take measures for the protection against possible damages since it is difficult to establish the causes and it is not possible to determine concrete damages (Harremoës, 2002).
In environmental matters, it is necessary to follow some steps when the risk of damage is assumed, taking into account that in most cases it is necessary that a period of time elapses to establish the real affectation. Secondly, in most cases the damages are serious and irreversible, therefore, if we wait for the occurrence of the event, restitution of this damage will probably not be possible (Trouwborst, 2002).
The importance of the precautionary principle, we can establish it in two relevant aspects, the first one because it gives us the appropriate space to generate debates in areas that may offer unanticipated dangers and because it allows us to analyze from various approaches the relevant circumstances for decision making (Diaz et al., 2019), in situations that offer danger, risk or uncertainty, in order to achieve change in behaviors or actions. In the decision-making process in order to take environmental actions that prevent environmental degradation, acting a priori, not a posteriori, despite the certainty of the damage, since what is intended is to prevent and not to compensate these collective rights (Londoño T., 1999) for the conservation of the human species.
In particular, this change in the way of thinking in relation to precaution has been driven by environmental movements, given its importance for sustainable development, who tirelessly promote campaigns against global warming, genetic modification of food and pesticides, among others (Herrero, 2006), promoting the path of sustainability through models and behaviors that allow us to achieve a viable future.
Elements of the Precautionary Principle (V Cafferatta, 2006): These elements according to international doctrine are: The anticipation or foreseeability of danger.
Article 1, paragraph 6 of Law 99 of 1993, does not explicitly establish the duty of the agent to prevent the danger, however, through the application of this principle, it obliges the agent that develops the activity, to carry out an analysis in order to anticipate that such activity generates a probability of serious and irreparable damage to the protected legal right (environment), even if there are doubts about the danger of damage, in order to avoid any type of damage to the environment (Bernal, 2010).
It is established that environmental damage exists “when the degradation of the elements that constitute the environment or ecological surroundings acquires a certain gravity that exceeds the guide levels of quality, standards or parameters that constitute the limit of tolerance that coexistence necessarily imposes” (Bustamante A., 1996). Environmental damage has special characteristics that distinguish it from other damages: 1) it affects common goods of society (it affects the very balance of ecosystems, biodiversity, and health in general, harming the subjective rights and legitimate interests of a plurality of subjects), 2) it is not detected immediately, they appear and are perceptible after the damaging event, 3) its effects are unpredictable (Cefferatta, 2007); d) it can have transnational effects; e) its efficient cause and consequence is difficult to determine scientifically; f) its effects are in most cases irreparable (severity of the damage caused) (Gonzalez R., 2001); g) it can originate from the same cause and consequence (Cefferatta, 2007). 2001) g) it may be caused by private individuals or individuals, as well as by the State and its institutions, through active or omissive conduct.
The danger of harm.
In order to protect the legal good (environment), it can be considered that a risk exists when the probability of occurrence of the harmful event is uncertain (precaution), which implicitly states that a danger exists when the probability is certain (defense against dangers), therefore “even if each event had an objective and absolute probability of occurring, which is quite debatable, we could never be sure of knowing this probability with certainty… On this point there is no qualitative difference between risk and danger” (Domenech, 2006). Therefore, in the face of an imminent threat and without absolute certainty, the necessary measures must be taken, whether suspension, limitation, conditioning or prohibition, which will be overcome when it is demonstrated with absolute scientific certainty that the activity does not cause damage to the environment.
Seriousness and irreversibility of the damage
This element clarifies that it cannot be just any damage, and in matters of damage to the environment this damage must be of great entity or importance and whose effects prevent the protected legal right (environment) from returning to its previous condition, therefore, this damage must be of those catalogued as serious and irreversible. Thus, it has been said that the Precautionary Principle is applicable when “(…) the possible damages resulting from a certain product or activity have an important magnitude”. (Romero C. , 2004)
Risk Assessment
This element is composed of: hazard identification, hazard characterization, exposure assessment and risk characterization, necessary steps in order to establish that it is a situation that threatens serious and irreversible legal assets (public health and the environment), in order not to sacrifice other rights such as industrial and personal freedom, without sufficient justification.
Therefore, it is required that this be a scientific risk assessment, where as much scientific data as possible is collected, in order to find an objective criterion, which, although not totally certain, allows the development of the framework in the decision making process that establishes the necessary provisions (Santillo, 2002).
Probability of damage that may be caused by the activity or the absence of absolute scientific certainty.
This is one of the most important elements of this principle, since it is a tool that arises before the risk is originated, being applied even when science does not have the respective supports to provide certainty about the consequences of the use of a procedure or product (Bergel, 2004), which may be a potential harm to the environment. The risk, therefore, is not certain, but due to the seriousness of the damage that could be caused, the activity or product is restricted, whether in the areas of health or environment, in order to avoid irreversible damage.
Adoption of pertinent measures to avoid damage to the environment.
This adoption of measures is enforceable both to public authorities and individuals, according to what was stated in Ruling C-293/02, the Constitutional Court points out:
4.2 As regards the application of the Precautionary Principle for the preservation of the environment by private parties, it must be understood that the duty of protection referred to does not fall only on the State, given that what is at stake is the environmental protection of present generations and the very survival of future generations. Therefore, the commitment to protect the environment is the responsibility of all persons and citizens and involves the States, transcends national interests and is of universal importance”.
Proportionality of measures
Care must be taken to ensure that the measures and decisions adopted are bearable for those to whom they are addressed, i.e. that they are not excessively onerous for those whose freedom is curtailed. Therefore, individuals will have to bear that their profits are diminished according to a weighing of costs and benefits of the measure, which is based on the premise that “(…) not any magnitude of potential risk justifies any type of precautionary action, especially if the latter involves an excessive burden on society, for example, by implying the loss of a large number of jobs” (Romero C., 2004). (Romero C. , 2004)
Reversal of the burden of proof
This principle implies a presumption of risk, which must be rebutted by whoever intends to introduce a product or perform an activity that may be risky in the market, when a serious and irreversible damage is feared (Carretero, 2007).
Therefore, the agent must carry out an investigation or provide documentary evidence to the corresponding authority that this does not generate imminent and irreversible risk, clarifying that this obligation does not imply that the agent must eliminate any doubt about the dangerousness of the product or activity in question and prove a “zero risk” (Romero C., 2004).
Development of the precautionary principle in the Colombian legal framework
This principle is based on ius internationale and in our National Constitution of 1991, we find it in articles 8, 79, 80, 289 and 334 , which due to the great content of provisions is known as “the ecological Constitution”, which first of all enshrines the right to enjoy a healthy environment (Londoño et al, 2010), the duty to protect the environment and the duty to guarantee its existence, development and preservation.
For the Constitutional Court, the right to enjoy a healthy environment is a fundamental right: The right to the environment cannot be separated from the right to life and health of people. In fact, the disturbing factors of the environment cause irreparable damage to human beings and if this is so, it must be said that the environment is a fundamental right for the existence of humanity. This conclusion has been reached when this Court has evaluated the incidence of the environment in the life of men and for this reason, in previous tutela rulings, it has been affirmed that the right to the environment is a fundamental right. (Ruling C-671, 2001).
This is a guiding principle in International Law, which, through the Block of Constitutionality, integrates to our constitution the international treaties ratified by Colombia (Uprimny, 2017) on the human right to the environment. Among the treaties signed by Colombia we find the Rio de Janeiro Declaration on Environment and Development, in the United Nations Framework Convention on Climate Change, incorporated through Law 164 of 1994 which establishes that in case of “scientific doubt”, as to whether an activity or product may cause serious or irreversible damage to the environment, it must proceed to suspend, postpone, limit, condition or prevent the execution of the respective activity or product, in order to establish the existence or not of the danger.
The Convention on Climate Change (United Nations, 1990) in Article 3, Principle 3, states: The parties shall take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, bearing in mind that policies and measures to address climate change should be cost-effective in order to ensure global benefits at the least possible cost.
Proclamation 6 of the Stockholm Conference stated: “We must guide our actions throughout the world with greater care for the consequences for the environment. Through ignorance or indifference we can cause immense and irreparable damage to the earth’s environment on which our lives and well-being depend. On the contrary, with a deeper knowledge and a more prudent action, we can achieve for posterity better living conditions in an environment more in consonance with the needs and aspirations of man.
In domestic law, it is established in article one, numeral six of Law 99 of 1993, where it is established that the weighing of risks is essential for the protection of collective goods such as the healthy environment, public health and human, animal and plant life. Article 1. General Environmental Principles. Colombian environmental policy shall follow the following general principles:
The process of economic and social development of the country shall be oriented according to the universal and sustainable development principles contained in the Rio de Janeiro Declaration of June 1992 on Environment and Development. (…) 6. The formulation of environmental policies shall take into account the results of the scientific research process. However, the environmental authorities and individuals shall apply the precautionary principle according to which, where there are threats of serious and irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing the adoption of effective measures to prevent environmental degradation.”
Table 1. Jurisprudential Development
Constitutional Court
Three fundamental concepts emerge from its decisions. Firstly, the protection of the environment radiates throughout the legal system; secondly, it is a right of the citizens since it is closely linked to life and quality of life; and lastly, it is a duty of the entire social conglomerate, establishing that in order to prove the application of the precautionary principle in the protection of the environment, the concurrence of five elements must be proved: (i) existence of a danger of damage; (ii) that the damage whose danger is evidenced is serious and irreversible; (iii) that there is a principle of scientific certainty, even if not absolute; (iv) that the decision seeks to prevent environmental degradation; and (v) that the decision is motivated.
- Ruling C 339 of 2002 and T 774 of 2004
It establishes that, in case there is no scientific certainty regarding mining exploration or exploitation, the decision must be inclined to the protection of the environment. to the protection of the environment.
- Ruling T 299 of 2008
It states that the precautionary principle is a hermeneutic tool to determine the need for intervention by the authorities in the face of potential damage to the environment and public health. Likewise, this principle is constitutionalized since it is derived from the internalization of ecological relations (art. 266 CP) and the duties of protection and prevention contained in articles 78, 79 and 80 of the Charter.
- Decision C-293 of April 23, 2002.
It establishes that the environmental authority is competent to apply the precautionary principle, by means of a reasoned administrative act, in the case of observing a danger of damage, that this is serious and irreversible, even if the scientific certainty is not absolute and that the decision that the authority adopts is aimed at preventing the degradation of the environment.
- Decision T-204 of 2014.
The precautionary principle is applied despite not having prior knowledge, considering that the risk or the magnitude of the damage produced or that may occur are not known in advance, because scientifically it is not possible to be certain of it or of its consequences. scientifically it is not possible to be certain about it or its consequences.
- Decision T-397 of 2014.
The precautionary principle will be the authorities who must assess whether the risk is admissible or not, and based on that assessment must determine the course of action, to prevent this from being arbitrary for the development of certain commercial or investigative activities, Sentence T-672 of 2014. The environmental authorities and individuals shall apply the precautionary principle when there is a danger of serious and irreversible damage, therefore, the lack of absolute scientific certainty shall not be used as a reason for postponing the adoption of effective measures to prevent environmental degradation.
- Sentence T-622 of 2016.
The precautionary principle responds to technical and scientific uncertainty on environmental issues, due to the lack of adequate systems for measuring polluting factors or due to the fading of the damage over time.
- Sentence T-080 of 2017.
The precautionary principle is applied when the risk or the magnitude of the damage generated or that may ensue are not known in advance, because there is no way to establish, in the medium or long term, the effects of an action, which generally occurs due to the lack of absolute scientific certainty about the precise consequences of a phenomenon, a product or a process.
- Sentence T-236 of 2017.
The Court determines that the precautionary principle does not respond exclusively to danger as a possibility of harm, but to risk, with degree of probability of a harm, in situations where the magnitude of such probability could not be established with certainty.
Source: Own elaboration (Barbosa, 2020).
Other Pronouncements
Council of State Ruling 66203 of 2013, clarifies that its application comes from international treaties and conventions on the environment Administrative Court of Cundinamarca by Ruling 0143 of 2015, establishes that the precautionary principle applies when the risk or magnitude of the damage produced or that may ensue are not known in advance, because there is no way to establish, in the medium or long term, the effects of an action, which generally occurs because there is no certain scientific knowledge about the precise consequences of some situation or activity, even if it is known that the effects are harmful.
The Precautionary Principle in military activity
It is necessary to apply the precautionary principle as a pillar of the duty of environmental protection from the planning of the operation, so that the risks may be established and the necessary actions and measures are regulated so that, in the development of military operations against drug trafficking, the international regulations on environmental protection in times of armed conflict are strictly complied with.
The mission of armies worldwide has changed (Gomez & Correa, 2014) and currently world powers prioritize military activity for the protection of vital resources such as crude oil sources and resources in general, and protecting borders to prevent the entry of undesirable migrants.
The provisions of IHL establish the principle of precaution in the development of military operations (ICRC, 1971) in order to preserve the civilian population and civilian property, for which purpose the necessary precautions must be taken to avoid, or reduce to a minimum, the number of deaths and injuries among the civilian population, as well as the damage to civilian property, which could be caused incidentally. The members of the Public Force must take feasible measures to avoid, and in any case reduce, damage to civilians and civilian property, in other words, attack only military objectives. Likewise, it establishes the obligation of the person who is going to decide on the attack to carry out a verification in order to take all precautions to avoid, or in any case reduce to a minimum, the number of dead and wounded among the civilian population, as well as damage to civilian property. Therefore, it must refrain from using weapons, projectiles, materials and methods of warfare that, by their very nature, cause superfluous damage or unnecessary suffering or have indiscriminate effects (Schmitt, 2003). If the target is found not to be a legitimate target or military objective, the operation must be suspended or cancelled.
The armies of the world are facing new threats related to security phenomena, peacekeeping, control of natural resource sources (energy, fresh water, key minerals, forests and land, etc.), those related to international relations including the phenomena of new wars (Forigua, 2006).
It is feared that according to the characteristics of these new wars, which define a political objective for the war as it was in the Bosnia-Herzegovina war, that of ethnic and religious cleansing which pursues the destruction of the community (Kaldor, 1995) and it is feared for wars in the future for natural resources since these sustain both capitalist and socialist economic systems, in what would be called globalized war economy, as a consequence of consumerism and irrational exploitation of natural resources (Fernandez, 2018).
Drug trafficking in Colombia
In Colombia, marijuana, coca and poppy crops have been part of the ancestral domestic cultivation of indigenous communities (Chibchas, Arhuacos, Kogis, Caribs, Quechuas, Motilones and Huitotos) (Diaz-Piedrahita, 1998) and of the social and cultural tradition of rural communities for their medicinal and nutritional properties. Today, the aborigines continue with the tradition of coca leaf cultivation as an ancestral and religious practice, because it is part of their relationship with mother earth.
This use of the plants changed in perception over the years (Henman, 2008), creating an evil image in the 1960s, when through the hippie culture its consumption was encouraged as a hallucinogenic substance, giving an illegal meaning to these crops, and thus increasing their value in trade.
In Colombia, the smugglers were the ones who glimpsed the business of these coca crops, an indispensable element for the production of cocaine, through the use of chemical precursors, which gave rise during the 80s and 90s to the phenomenon of “drug trafficking”, highlighting the Medellin and Cali cartels, who initially brought coca from Peru and Bolivia, Their seeds gave rise to large coca plantations in Colombia, a country whose strategic position, climate, soil and social conditions allowed its proliferation and processing, whether in simple or sophisticated laboratories such as those known as “Tranquilandia” and “Villa Coca”, in the Yari plains (Cabo, 2004).
These cartels required their own army to guarantee the security of the business and to carry out the confrontation between the other cartels for the routes and emerging markets (Jaén, 2008), after which the guerrilla and paramilitary groups entered the business strengthening their armed power, causing in the 80’s the worst period of violence as a consequence of terrorist acts aimed at pressuring the government to prohibit extradition, which was established in article 35 of the 1991 Constitution.
The phenomenon of drug trafficking has damaged Colombian society in several ways, due to the fact that the large flow of money handled by this illegal business, gave rise to corruption phenomena in all branches of public power, especially because these monies have financed several presidential campaigns as demonstrated in the so-called 8000 process (Crandall, 2001), and also because of the participation of the private sector (financial institutions, landowners and builders, among others), who facilitated the laundering of these monies by investing in licit businesses (Camacho & Lopez, 2015).
The globalization of the economy has also been a factor that has expanded the markets for the cocaine trade, however the most important markets for this illegal business continue to be the United States and Europe (Rocha, 2011), and the entry of subversive groups into the drug trafficking business, The entry of subversive groups into the drug trafficking business has created a new generation of criminality (De Leon, 2008), made up of the so-called emerging armed gangs (BACRIM), mostly composed of demobilized members of paramilitary groups (Rivas, 2008), dissidents of the FARC and the ELN, a phenomenon that has strengthened this criminal enterprise (Echandia C., 1999). In order to counteract this phenomenon, the State has created elite groups of the Police and Brigades against Drug Trafficking in the Army, which have succeeded in dismantling several cartels, affecting each of the phases of the drug trafficking process, both in production and distribution; however, when one cartel is dismantled, others are created.
It is for this reason that among the dimensions most affected by the drug trafficking phenomenon, environmental damage is one of the consequences that most concerns the community, since government policies include, in addition to crop substitution, the manual eradication program, crop fumigation (Boucher & Taylor, 2005) and the destruction of laboratories (Ombudsman’s Office. 2000), 2000). Although these programs do not effectively counteract productivity, which is necessarily linked to supply and demand, they cause serious damage to the environment, especially due to the fumigation of these illicit crops, since they use potent chemicals such as paraquat, triclopyr, imazapyr, glyphosate and tebutiuron, which also caused serious damage in Mexico (Boyer, 2001) and Jamaica.
The large-scale production of cocaine and other illicit crops has led to environmental depredation, which puts our agriculture at risk (Gelvez, 2018), and exposes the damage caused, both during the production period and the processing of the alkaloid in laboratories, where cocaine is extracted in a simple manner, by processing coca leaves with an alkali, which releases the alkaloid.
The increase of these crops dates back to 1952 in the Departments of Cauca and Huila, where 767 hectares of coca were established, which increased dizzyingly in remote areas of the country through the entry of coca seeds brought from Peru and Bolivia, with a higher alkaloid content, going from 2,500 hectares in 1981 to 180,000 hectares in 1990 in 195 municipalities in 195 municipalities in the departments of Cauca and Huila. 000 in 1990 in 195 municipalities of the 1,102 existing ones and between 2014 and 2015 had an increase of 39%, concentrated mainly in the Departments of Cauca, Putumayo, Caquetá, Antioquia, Norte de Santander and Nariño, and with an increase of 52% in indigenous territories and 51% in territories of Afro-descendants (UNODC, 2017).
To understand the phenomenon and damages of illicit crops, it is necessary to establish that coca is a permanent cycle bush, with high productivity from its first year, and after three years it already produces an average of two to six annual crops (UNODC, 2006), and the establishment of these crops, is closely related to the country’s social phenomena, with the most vulnerable in this chain being the peasants (Rocha, 2011), who require greater state support, especially to protect them from the pressure and influence of illegal groups, thus preventing the proliferation of illicit crops in environmentally fragile lands. Another determinant factor is the use of fertilizers to extend the production cycle, such as herbicides, fungicides and insecticides (UNODC, 2006).
The phenomenon of environmental damage caused by the exploitation of natural resources due to coca has similar characteristics to the exploitation of illegal mining, oil, environmental logging, and energy production. Drug trafficking contributes effectively to the phenomenon of deforestation, since coca plantations represent an attractive source of monetary income and, according to the latest studies in the last decade, one out of every five hectares cleared was associated with coca crops, thus estimating the environmental impact of these crops (Zimmermann, 2016).
Among the measures adopted by recent governments is crop substitution, through alternatives focused on development and poverty reduction for the inhabitants of that region, however, these measures have not had the expected results, since these crops have been developed in forested areas, generally in protected areas where growers move and cut down and burn the vegetation to plant coca (Quimbayo, 2009).
Another measure is the fumigation of crop areas by spraying glyphosate, which not only causes damage to the cultivation area but also to the surrounding areas affecting the entire ecosystem, which is why they are suspended to date, in order to avoid environmental damage, which according to scientific evidence has high collateral costs and to reconcile other measures with local communities to reduce damage and risks to the environment and human health, related to skin damage and some research indicates higher rates of infant mortality and miscarriages. (Mejia D. , 2013).
Conclusion
At the end of this work, there remains the satisfaction of having managed to consolidate the historical background of the precautionary principle in the development of operations against drug trafficking in reference to environmental damage, trying to present the most important normative elements that allow an adequate protection of the environment in the development of military operations, especially those related to drug trafficking and illicit crops.
This work is the result of the need to delve into the importance of the environment and the need for its protection, since drug trafficking and environmental protection are threats that directly affect the existence of humanity, and in Colombia it is seriously affected by the processes of narcotics production and illicit crops where serious environmental consequences are generated.
For the Colombian Constitutional Court, the danger of environmental damage consists not only in the fear of the destruction of the planet but also of life as we know it. “The planet will live with this or another biosphere within the small biological parenthesis that represents human life in its existence of millions of years, while with our stupidity if the biosphere that has allowed our species to be born and develop is destroyed, we are condemning ourselves to the loss of our quality of life, that of our descendants and eventually to the disappearance of the human species”. (C-339, 2002) and this position is closely related to the need to combat drug trafficking from a multidimensional security perspective, i.e. as a set of integrated responses (military, police, economic) in order to attack the drug economy, organized crime, corruption, money laundering, the diversion of chemical precursors and the demand for narcotics, as a spectrum of threats to security in order to protect values that must be preserved, as in this case the environment.
This normative framework allows us to establish the route to follow, for necessary approaches within the globalized world in the fight against the global narcotics market, and the use of available resources in the military and police forces, key to attack the distribution and production of narcotics, also addressing cross-border threats from different areas, but complying with the precautionary principle in the framework of environmental protection, which should be reflected within the traditional military strategies.
Bibliography
Acevedo, A. (2006). El Derecho internacional ambiental en la jurisprudencia de la Corte Constitucional: Una relación indefinida. Serie Documentos De Trabajo Sociedad Latinoamericana De Derecho Internacional.
Acosta, A. (2015). Biopirateria. Biodiversity and ancestral knowledge in the sights of capital. Quito-Ecuador: Abya Yala.
Aristotle, (. a. (IV BC). Nicomachean Ethics Book 6. Greece: Educació. Materials de Filosofia.
Bergel, D. (2004). El Principio Precautorio y los riesgos en el cultivo de variedades transgenicas. Bilbao: Comares.
Bernal, P. (2010). Precautionary Principle. Retrieved from javeriana.edu.co: http://javeriana.edu.co/biblos/tesis/derecho/dere10/tesis33.pdf.
Bothe Bruch Diamond & Jensen (2010). International law and environmental protection during armed conflict: gaps and opportunities. International Review of the red Cross.
Boucher & Taylor (2005). Migration and the Sending Economy: A Disaggregated Rural Economy Wider Analysis. Department of Agriculture and Resource Economics University of California, Davis.
Boyer, F. (2001). The Lost War on Drugs. Mexico: Grijalbo. Buitrago, L. (2018). Militaries y construcción de paz en la Colombia actual. Nueva Sociedad, 3-4.
Bustamante, A. (1996). El daño ambiental y las vias procesales de acceso a la jurisdicción. JA, 896. C-423, (Colombian Constitutional Court 1994).
Cabo, G. (2004). Colombia: culture and violence. Bogota D.C.
Camacho & Lopez (n.d.). From Smugglers to Drug Lords to “Traquetoi”: Changes in Illicit Drug Organisations. The Americas, 16.Retrieved from http://kellogg.nd.edu/faculty/research/pdfs/LopeCama.pdf.
Carretero, A. (2007). Environmental aspects. Identification and assessment. Dayton: Aenor Ediciones.
Cefferatta, N. (2007). Proof and causal link in Environmental Damage. Meio Ambiente e Acceso à Justiça. Congreso Internacional de Direito Ambiental. Sao Paulo, Brazil: Instituto O Direito po um Planeta Verde. Imprenta Oficial do estado de Sao Paulo.
ICRC. (1971). Conference of governmental experts of 1971. Conference of governmental experts of 1971. gINEBRA: ICRC.
Constitutional Court, T-339 (Constitutional Court 2010).
Crandall, R. (2001). Explicit Narcotization: US Policy toward Colombia during the Presidential Administration of Ernesto Sarmper (1994-1998). Latin American Politics and Society, Vol. 43 No.2.
World Summit on Sustainable Development, N. U. (2002). World Summit on Sustainable Development. Johannesburg: United Nations.
De Leon, B. (2008). Narcotrafico y parapolitica en Colombia 1980-2007. Metodo Research Group.
Stockholm Declaration (1972). The Human Environment. Stockholm: United Nations.
Ombudsman’s Office (2000). Illicit crops. Política Mundial y realidad in
Diaz, et al. (2019). El Proceso Militar para la Toma de Decisiones y una posible propuesta para su mejoramiento. Bogotá : Escuela Superior de Guerra.
Díaz-Piedrahita, S. (1998). The Colombian environment and illicit crops. Revista de la Academia Colombiana de Ciencias Exactas, Físicas y Naturales 22.83, 173-186.
Domenech, G. (2006). Derechos Fundamentales y Riesgos Tecnológicos. Madrid. Donoso, S. (2007). Genetic Resources, Patents of Invention and TRIPS. Iuris Dictio.
Echandia, C. (1999). The Colombian armed conflict in the 1990s: changes in strategies and economic effects.
Enrici, A. (2012). Bio-oiko-politics. Contributions to a genealogy of the environment from a biopolitical reading. Retrieved from http://publicaciones.unpa.edu.ar/index.php/1/article/download/77/126.
ESDEGUE. (2017). The Armies and the Contemporary International System: new threats, trends and challenges. Bogotá: Escuela Superior de
Fernández, G. (2018). Observatory of Multinationals in Latin America (OMAL), Peace with dignity.
Forigua, E. (2006). The New Wars: An approach from organizational structures. Scielo.
Gelvez, J. (2018). Illicit crops: the problem and possible alternatives. FIP, Fundación Ideas para la paz, 1.
Gomez & Correa (2014). Structural Transformation of the Colombian Army.
Construction of Future Scenarios. General José María Córdova Scientific Journal.
González, R. (2001). Recommendations for the characterization of environmental damage in Temas de Derecho Ambiental. Costa Rica: Investigaciones Jurídicas S.A.
Hans, J. (1979). The Imperative of Responsibility: In Search of Ethics for the Technological Age. Germany.
Harremoës, G. (2002). The precautionary pinciple in the 20th century Late Lesson from ealy warning. London: Earthscan.
Henman, A. (2008). Mama Coca. Universidad del Cauca, 15-19.
Herrero, Y. (2006). The environmental movement in the face of global deterioration: challenges and utopias. scielo, 1.
Jaén, S. (2008). Monopolies and Cartels: a hypothesis on the new criminal equilibrium in Colombia. National University of Colombia.
Jaquenod, S. (1996). Iniciación al Derecho Ambiental (1st ed.). Madrid: Dykinson. Juste, J. (1997). Tendencias Actuales del Derecho Internacional del Medio Ambiente.
Navarra: Aranzadi.
Kaldor, M. (1995). Bosnia-Herzegovina: A Case Study of a New War. SE Military Humanitarian Interventions in Ethno-Political Conflicts.
Law 165. (1994). Convention on Biological Diversity. Convention on Biological Diversity. Rio de Janeiro.
Londoño, B. (1999). Las Acciones Colectivas en defensa de los derechos de tercera generación. Bogotá: Universidad del Rosario.
Londoño, B. (1999). Responsabilidad Ambiental: Nuevo Paradigma Del Derecho Para El Siglo Xxi. Estudios Socio-Jurídicos.
Londoño, et al (2010). El medio ambiente sano, un derecho de todos. Bogotá : Universidad del Rosario.
López, C. (2014). La biopolítica según la óptica de Michel Foucault: alcances, potencialidades y limitaciones de una perspectiva de análisis. In banquete de los dioses. Journal of contemporary philosophy and political theory.
Louise, J. (2007). Customary International Humanitarian Law. Commentary and evidence in relation to rules 43 to 45. International Committee of the Red Cross, Communication Support Center for Latin America and the Caribbean, Buenos Aires. Buenos Aires, Argentina.
Mariño, F. (2010). La protección internacional del medio ambiente. Instituciones de Derecho Internacional Público, 767.
Mejia, D. (December 6, 2013). The Consequences of the spraying of illicit crops. El Espectador, p. 1.
United Nations (1990). United Nations Framework Convention on Climate Change. Kyoto: United Nations.
Odurn, P. (1989). The link between natural and social sciences. Mexico: Continental.
UNITED NATIONS. (1972). United Nations Conference on the Human Environment. United Nations Conference on the Human Environment. Stockholm.
Parsons, J. (1998). The Fight to save the planet: U.S. Armed Forces, “Greenkeeping”, and Enforcement of the Law Pertaining to Enviromental Protection during Armed Conflict”. Georgetown International Environmental Law Review, 10(2), 482.
Perez, E. (2000). Derecho Ambiental. Bogotá: Me Graw Hill.
Plaza, C. (2009). The environment: international and community law. Lessons and materials for the study of administrative law, 227.
Process No. 23286, Process No. 23286 (Supreme Court of Justice 2007).
Protocol I, additional to the Geneva Conventions (August 12, 1949). Relating to the Protection of Victims of International Armed Conflicts. Geneva.
Quimbayo, G. (2009). Who is destroying the environment? Coca, fumigation, cattle ranching and African palm in Colombia. Razón Pública.com, 1.
Quintana, J. (2000). Mexican Environmental Law. General Guidelines (1st ed.). Mexico: Porrua.
Rivas, P. (2008). Historia del Paramilitarismo en Colombia 1964-2006. CONfines.
Rizo, J. (2012). Evolution of the Armed Conflict in Colombia and Ibero-America (Vol. Volume II). (E. d. Posgrados, Ed.) Universidad Autonoma de Occidente. Direction of Research and Technological Development.
Rocha, R. (2011). The New Dimensions of Drug Trafficking in Colombia. UNODC (United Nations Office on Drugs and Crime), 70.
Rodríguez, A. (2012). Temas del Derecho Ambiental, una mirada desde lo público. Bogotá: Editores Académicos.
Romero, C. (2004). Precautionary Principle Biotechnology and Law. Bilbao: Comares. Salomon, Q. (2007). International Panel on Climate Change. Climate Change. Cambridge.
Sánchez, O. (2017). The Environment is Life. Derecho Ambiental, 4.
Santillo, D. (2002). Precautionary principle and risk assessment. Environment and Public Health.
Schmitt, M. (2003). The Impact of High and Low-Tech Warfare on the Principle of Distinction. Harvard University.
Schwartz, M. (1999). Preliminary Report on Legal and Institutional aspects of the relationship between human rights and the environment. World Health Organization, 4-11.
Sentencia, T-224 (Colombian Constitutional Court 2014). Decision C-126, (Constitutional Court 1998).
Sentence C-671, T-055, (Constitutional Court 2001). Ruling T-851, (Constitutional Court 2010).
Soler, M. (1997). Legislation and environmental liability. p. 334. Swinarski, C. (1984). Introduction to International Humanitarian Law. ICRC.
Trouwborst, A. (2002). Evolution and status of the precautionary principle in international law. London.
UNODC, O. (2006). World Drug Report 2006. UNODC, United Nations Office on Drugs and Crime, 5.
UNODC, O. (2017). Colombia. Monitoring of territories affected by illicit crops 2016. UNODC, United Nations Office on Drugs and Crime.
Uprimny, R. (2017). Bloque de Constitucionalidad, Derechos Humanos y Nuevo Procedimiento Penal. Bogotá: Universidad Nacional.
Zimmermann, L. (2016). Forests in Colombia: victims of illicit coca cultivation. Mongabay.