Abstract

URIBE DE HINCAPIE, María Teresa  and  LOPEZ LOPERA, Liliana María. Discourse on Forgiveness and Punishment in the Colombian Civil-War 1859-1862. Co-herencia [online]. 2008, vol.5, n.8, pp.83-114. ISSN 1794-5887.

This article shows the crossroads of the war discourse with, peace, forgiveness and punishment, and revenge and clemency in the context of the Colombian civil war between 1859 and 1862. It attempts to emphasize that what distinguished the peace strategy, with its discourses on forgiveness and clemency, was the use of force, which was not necessarily used to defeat the enemy but to improve the chances of a favorable negotiation outcome; and that what distinguished war, with its discourses on tyranny, conspiracy, and treason, was its tri-axial relationship to law: war to obtain retribution for aggravated rights, as a Law regulating hedge, and as the approach to a new legal order.

Keywords : Civil war; the law of nations; ius in bello; ius ad bellum; forgiveness; punishment; clemency; language of containment.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )