Two recent developments related to the war in Colombia have highlighted the extent to which words have become weapons: the diplomatic spat over an Ecuadorean minister's assertion that his government does not consider the Farc guerrillas to be 'terrorists', and President Alvaro Uribe's decision to reverse an earlier stance and recognise what is happening in his country as a 'conflict'. In both cases, the choice of terms has consequences.
On 2 September Ecuador's defence minister, retired General Oswaldo Jarrín, stated publicly that his country did not consider the Farc a 'terrorist' organisation but an 'irregular armed group'. Colombian President Uribe reacted angrily, calling this view 'myopic'. The Colombian government has consistently labelled the Farc terrorists, and has succeeded in persuading the US government to classify it formally as an international terrorist organisation.
In his response to Jarrín, Uribe reiterated his rationale for so classifying the Farc (and other illegal armed groups) in the following terms: 'When there is a pluralist democracy [...] any armed action against that democracy is, in the civilised world, called terrorism. If we had here a dictatorship, the curtailment of public liberties, the mistreatment of democratic rights, there would be motive, at home and abroad, for these groups to be legitimised or denied the classification as terrorists. [These groups] are also terrorists because of how they act. The Colombian hospitals and rehabilitation centres [...] there are nowadays more than 1,400 people, soldiers and police, mutilated by the antipersonnel mines laid by these groups. And they are terrorists because of the manner in which they mistreat civil society. And they are terrorists because of the manner in which they ignore humanitarian norms. And they are terrorists because of the source of their funding: drug trafficking and kidnapping.'
Ecuador's defence ministry retorted that Jarrín's statement coincided with 'Ecuador's traditional position regarding the Colombian conflict, which is of absolute non-intervention.' It added that 'the Ecuadorean foreign ministry, as part of the state's foreign policy, has never classified the Farc as a terrorist group, as the Colombian president pretends to force Ecuador to do.' The ministry recalled the definition of this stance by foreign minister Nina Pacari at a meeting of hemispheric security held in Bogotá in March 2003. She had said, '[For Ecuador] the Farc is an irregular group operating outside the law. We know that classifying a certain group as terrorist is each country's sovereign decision. In that sense we shall continue to call it an irregular group.'
Pressure to adopt the label
Colombia and the US have long been trying, unsuccessfully, to persuade other Latin American countries to join them in issuing, via the Organisation of American States (OAS) a formal classification of the Colombian armed groups as terrorists. From early on, opposition to this has been led by Brazil. President Lula da Silva has argued that such a step would handicap efforts to mediate a peace settlement. In the UN, the US has succeeded in obtaining Security Council resolutions that commit UN members to take a number of actions against those deemed terrorists or financiers of terrorism. US officials have recently complained that many UN members were ignoring these resolutions.
Most recently, on 14 September, the Security Council announced its commitment to making the incitement of terrorism punishable by law. Careful wording was considered vital by all participants, particularly the US. Just before the UN's 60th Anniversary Summit (14-16 September) the US objected to a passage in the draft declaration on the proposed Comprehensive Convention on International Terrorism stating that 'the targeting and deliberate killing of civilians and non-combatants cannot be justified or legitimised by any cause or grievance', insisting that it should make clear that the paragraph addresses only actions taken by terrorists. The US ambassador to the UN, John Bolton, said, 'We consider these changes of critical importance to ensure that the scope of this paragraph is limited to terrorist actions, and does not address military activities that are appropriately governed by international humanitarian law.'
The US also objected to the Convention including, as the draft declaration said, 'a legal definition of terrorist acts', preferring instead that it should provide 'a non-exclusive list of actions that would amount to terrorist acts.' A high official in a Latin American delegation said this showed intent to shield the US from having the Convention invoked against it (much in the same way as it seeks immunity from actions by the International Criminal Court), and to reserve to itself the right to define what constitutes terrorism, particularly international terrorism.
Defining international terrorism
One of Spain's leading scholars in this field, Fernando Reinares (author of Terrorismo y
antiterrorismo, currently senior analyst on international terrorism at the Real Instituto Elcano de Estudios Internacionales y Estratégicos), recently published a paper* warning about the danger of talking about international terrorism 'in terms that are excessively vague or imprecise'. He says, 'The problem of how to define this phenomenon may also affect how it is perceived by the media, public opinion, academics and political elites in our societies. It may even affect decision-making related to specific governmental measures aimed at dealing with the nature and scope of this violence, as well as the widely-shared understanding on which effective governmental cooperation needs to be based in order to combat the risks and threats inherent to this phenomenon.'
He worries about the fact that legal codes and international treaties seldom refer specifically to international terrorism and refer instead to terrorism generically, regardless of where it occurs - and when they do get specific, they tend to use descriptions that confuse it with transnational terrorism in the broad sense or simply with foreign terrorism. The instance he cites for this is the US Patriot Act, passed by the US Congress little more than a month after 11 September 2001, which distinguishes between domestic terrorism, occurring mainly within the territorial jurisdiction of the US and international terrorism, occurring outside US borders or going beyond national borders.
Reinares also criticises academic definitions for often failing to provide 'a specific analysis of international terrorism or else tend to define it as simply an externalisation of terrorism in general, whether on the part of state or non-state actors, beyond the confines of a specific country.'
*Conceptualising International Terrorism, ARI N º 82/2005, Real Instituto Elcano de Estudios Internacionales y Estratégicos.
He notes that transnational terrorism and international terrorism are often confused when, in fact, the former includes the latter, but not vice-versa. Transnational terrorism, he says, 'in one way or another crosses state borders, essentially because those who perpetrate it maintain organizational structures or carry out violent activities in more than one country, generally including territories over which the authorities to whom their demands are directed have no jurisdiction.' International terrorism, he argues, is very different. First, it is 'practiced with the deliberate intention of affecting the structure and distribution of power in entire areas of the world and even at the level of global society itself.' Second, 'the individuals and groups who carry it out have extended their activities to a significant number of countries and geopolitical regions, in accordance with their declared aims.'
Seen through this prism, neither the Farc, the Ejército de Liberación Nacional (ELN) or the paramilitary Autodefensas Unidas de Colombia (AUC), would fit the description of international terrorist organisations.
Reinares tackles a related issue with Latin American ramifications. Within the broad spectrum of Islamist terrorist organisations he distinguishes between those who are international terrorists (al-Qaeda and its associated groups) and those which are not - he specifically cites Hamas, which though 'broadly transnationalised' does not have global or even regional aims. Hamas is one of the Middle Eastern organisations receiving funds from members of the Arab communities in Latin America; because they are classified as international terrorists by the US, their financiers have become targets in Washington's 'War on Terror'.
The Spanish scholar throws in a caveat which could be seen as applicable to the Latin American scene. He says that the long-term strategy of any form of international terrorism is entirely compatible with more limited, shorter-term objectives such as causing a change of regime or political alignments in a given country, or even fighting for the creation or disappearance of a state. These can then be seen as international terrorism, 'as long as they are also part of a much more ambitious political project.' It can, and has been argued, that the Farc is part of a grand design aiming ultimately at the installation of likeminded governments throughout the region.
What kind of war?
On 6 September, President Uribe, in a bid to coax the ELN back to the negotiating table, decided to concede formally is that Colombia is in a 'conflict' a term almost obsessively avoided so as to ward off any chance that he might have to observe international conventions regarding the conduct of war. Such had been his zeal in this regard that he ordered internal government documents, even about economic matters, rewritten with the word excised. There was a near-revolt among his diplomats when he tried to get them to persuade international organisations to follow suit. The approved description of what Colombia was undergoing was 'a terrorist challenge to the institutions'.
He explained his change of heart as follows: 'If the ELN accepts [a] cessation of hostilities, I will recognise whatever they want. This very moment I say it: for the sake of the superior conveniences of the fatherland I set aside my personal convictions, and in the name of the presidential institution I accept that there is a conflict.'
Uribe has not been alone in seeking to avoid definitions that could conceivably make the Colombian government liable under international law. His predecessor, Andrés Pastrana, took pains to avoid the description of the conflict in Colombia as a civil war - an issue over which there was much heated debate among politicians, academics and pundits towards the end of his term.
Pastrana did occasionally refer to the conflict as a war. He once said that Colombia was undergoing two simultaneous wars: 'the drug traffickers' war against the country and against the world, and the guerrillas' confrontation with an economic, social and political model that they consider to be unjust, corrupt and on the side of the privileged.' This, however, was rhetoric, leading up to his punchline, which was that Colombia was not undergoing a civil war, but 'a war against the civilians.'
Defining what kind of war Colombia has been undergoing is important from the point of view of international law, which distinguishes between four types: armed international conflicts; wars of national liberation; non-international armed conflicts as envisaged in Article 3 of the Geneva Convention; and non-international conflicts as envisaged in Protocol II of 1977. At stake is whether the laws of war apply to the conduct of the conflict.
Internal or non-international conflicts are distinguished according to their intensity. At the low end of the scale is rebellion, involving commotion and violent protest, with sporadic confrontations with the forces of the state. Next comes insurgency, a situation in which the government is not able to keep the peace and exercise authority over all of its territory. Finally comes belligerency; conflict of such intensity that it is treated as tantamount to international conflict as regards the application of international law.
On or beyond the threshold?
Clearly Colombia has gone beyond the stage of rebellion; the question is whether it has 'graduated' from insurgency to belligerency in general parlance, to a full-fledged civil war. Adopting the definition used by Paul Collier and Anke Hoeffler, in which a civil war is 'an internal conflict that brings about at least one thousand combat-related deaths', it has certainly passed that threshold.
A parallel argument is whether the Colombian war has already become 'internationalised', by virtue of US involvement, its spillover into neighbouring countries and the international ramifications of the drugs industry. The answers to this tend to split along political lines in Latin America, with the left maintaining that it has indeed become internationalised, while further to the right the view is that it has so far been largely contained within Colombia. This would have changed had the US succeeded in persuading other Latin American governments to 'multilateralise' the response to the Colombian conflict.
Some scholars have argued that a distinctive feature of a full-fledged civil war is the polarisation of the entire population into opposing camps. There is much evidence that Colombia is not thus polarised and that those segments of the population that have become involved have on the whole done so reluctantly but here again the facts tend to be disputed along political lines.
Pastrana's interpretation of the conflict as a 'war against the civilians' does not bear much scrutiny. Though civilian fatalities have indeed been high, the guerrilla organisations have targeted the security forces and other agents of the state. It is quite clear that there is a conflict between the illegal armed groups and the state. As noted by Colombian historian Eduardo Posada Carbó, the guerrillas themselves define it in this way, even though the Farc frequently proclaim that they are 'a part of the people who have taken up arms'.
Uribe's earlier definition of the conflict as 'a terrorist challenge to the institutions' hinges on the term 'terrorist', which takes the matter back to his quarrel with the Ecuadorean defence minister. Still to be seen is whether the redefinition of the situation in Colombia as a conflict is followed through by the application of international law to the conduct of the war.
Colombia is no stranger to the transformation of people once classified as terrorists into established politicians. Perhaps the best example is Antonio Navarro Wolff, past leader of the M-19 guerrillas who negotiated the downing of arms in 1990 who is currently a senator and the presidential candidate of the leftist Polo Democrático Independiente.