Lawfare: The Columbian Case

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The terrorist groups in Colombia have applied Mao’s theory of protracted people’s war, seeking to use all available means of struggle to achieve their revolutionary goals by counteracting government policy. One way that Fuerzas Armadas Revolucionarias de Colombia (FARC), Ejercito de Liberacion Nacional (ELN), and illegal paramilitaries confront the nation is the use of lawfare, defined as the opposing force’s use of the national and international judicial systems to achieve victory and legitimacy when they cannot challenge the government militarily. Terrorist groups have skillfully infiltrated the Colombian judicial system, and are utilizing the both national legal institutions and the international law system against the government. They have received support for their struggle from various agents and organizations within the society that, intentionally or unintentionally, are serving their interests. This monograph provides a holistic understanding of this complex situation currently taking place in Colombia, shows how FARC and ELN are using lawfare in the context of the protracted people’s war as a tool to challenge the government, and offers an starting point to examine alternatives to deny the terrorist groups the ability to utilize the judicial system to achieve their political goals.