3
State, the State, acting through the individual, would breach an
international obligation"4.
12.
And Roberto Ago, the author of Part I of the draft ILC Articles on “The Origin
of the Responsibility of the State”, added, in his enlightened and erudite manner,
that
"Indeed, it could be so attributed, but only in cases where it is
specifically characterized by a measure of participation or complicity
on the part of State organs. There is no need, at this juncture, to
establish the forms that such 'participation' or `complicity' should take
(...). The action of an individual would be the basis of the
internationally wrongful conduct of the State, and the State would
violate an international obligation through the action of an individual in
which certain organs were merely accomplices. (...) The internationally
wrongful act with which the State is charged is the violation of an
international obligation perpetrated through the action of the individual
concerned (...)"5.
13.
Anyhow, in the instant case, the conduct constituted by the facts,
acknowledged by the respondent State itself, was duly attributed to the latter by the
Court. The conclusion reached by the Court regarding the facts of the instant case,
which speaks in itself of the seriousness of the phenomenon of paramilitarism in
Colombia, was stated by the Court in unequivocal terms:
"Collaboration by members of the armed forces with the
paramilitary was shown by a set of grave actions and omissions aimed
at enabling the massacre to take place and at covering up the facts to
seek impunity for those responsible.
In other words, the State
authorities who were aware of the intentions of the paramilitary group
to conduct a massacre to instill fear among the population not only
collaborated in preparations for said group to be able to carry out
these criminal actions but also made it appear to public opinion that
the massacre was committed by the paramilitary group without their
knowledge, participation, and tolerance, situations that are contrary to
what has already been demonstrated in the proven facts.
Likewise, since it has partially acknowledged its international
responsibility for violations of the American Convention, the State
cannot validly exclude from the content of its declaration any of the
points acknowledged. Thus, we cannot accept the claim by the State
that it must not be found responsible for the acts committed by the
paramilitary or self-defense groups in the Mapiripán Massacre, as this
would render the previously made acknowledgment void of content,
and would lead to a substantial contradiction with some of the facts
that it has acknowledged.
In brief, having established that there was a link between the
armed forces and this paramilitary group to commit the massacre,
based on the acknowledgment of the facts by the State and the body
4
.
U.N., Yearbook of the International Law Commission (1972)-II, p. 96, para. 63.
5
.
Ibid., pp. 96-97, para. 64.
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