RESPONSIBILITY OF THE STATE AND INTERNAL ARMED CONFLICT: AN ANALYSIS FROM THE CONSTITUTIONAL COURT OF COLOMBIA

Abstract

Colombia, with its clear background and history of Internal Armed Conflict, has had to bear its disastrous consequences, directly witnessing the weakening of the stability of its institutions, and the result of a universe of victims who were not in the duty to bear such condition as a result of the armed conflict. With this, it is worth highlighting the proactive role of the Constitutional Court, since from its rulings, from a hermeneutical point of view, its concern to recognize the Armed Conflict, its consequences, and the victims that it leaves behind can be extracted. step, even without a formal recognition of the conflict in Colombia. From there comes his constant call to the executive as the first forced to seek solutions to the conflict situation and in turn to equip itself with the necessary instruments to reach and assume the challenges that building peace entails. With all this, the treatment by the Constitutional Court of the facts that are circumscribed within the framework of the Internal Armed Conflict is fragmented into two; prior to the Legislative Acts promoted by the Government of former President Juan Manuel Santos; and after them.