Although kidnappings are not explicitly prohibited in the protocols of the bilateral ceasefire with the National Liberation Army (ELN) guerrilla, which begins on August 3, the government of Colombia considers this offense a “war crime”.
In an interview with EFE, the Colombian government’s chief negotiator, Otty Patiño, explained that “kidnapping is an action classified as a war crime and that has a very serious connotation”
So far, in the ceasefire protocol, both parties have committed themselves “not to carry out actions prohibited by International Humanitarian Law (IHL)” and, according to that agreement, “hostage taking” is prohibited.
However, after the announcement of the bilateral ceasefire at the end of the third round of negotiations in Havana, last Friday (9), the chief negotiator of the ELN, Pablo Beltrán, admitted that the issues regarding the kidnappings had been discussed , but nothing was settled, because “this is one of the forms of financing” for the ELN.
“We are not talking about kidnappings, we are talking about arrests, if they are not necessary, they will not be done,” added Beltrán.
Patiño argued that the kidnappings carried out by the guerrillas “mean political and legal risks, and moral risks in the sense that people are starting to not believe much in the ELN’s desire for peace”.
“Even if it is not expressly written in the ceasefire, people imagine that they are in the process of disabling their weapons to engage in politics and so it is clear that this also undermines people’s trust in them,” he added.
Patiño issued a warning to the guerrilla group, stating that the “responsibility of the ELN as a whole, in its high command, its mid-level command and its guerrilla base, is extremely high in this matter [dos
sequestros]”.
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Despite the controversy, the government wants more concrete actions before the ceasefire begins. “From now until July 6, we will finish designing the protocols and implementing the entire mechanism [de monitoramento e verificação] until August 3”, explained Patiño.
Part of the delegations on both sides is still in Havana finalizing precisely how the mechanism will work and what will be observed and verified, which is why the signed ceasefire protocols may be extended.
The government negotiator regretted that the ELN also did not hand over the exact areas where they are located, which is a way of preventing the army from carrying out offensives against them.
“At the moment, the ELN was unwilling or unable to define the specific areas of controlled mobility, but I’m sure it will be defined,” said Patiño. In other words, they expect there to be delimited zones where they know the guerrillas are located and can move freely, but where there will also be control by the security forces, because the government doesn’t want free zones.
Another question to be defined is what will happen in areas where the ELN is fighting other groups, such as dissidents from the FARC or the Clan of the Gulf. “It’s a bit of a complex situation,” acknowledged Patiño.
However, the Colombian government trusts the Office of the High Commissioner for Peace to work with these other groups, within the framework of “total peace”, and that this will “avoid” clashes.
“There needs to be clarity and to prevent these confrontations from taking place, whether by the will of both parties or because there are, let’s say, containment mechanisms to avoid them. I believe that the ELN cannot suspend the war against the military forces and, at the same time, maintain your war against another force,” said Patiño.
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