61. It is also an uncontested fact that, the same day, the Armed Forces noted that a Cessna light plane landed with money or weapons for drug-trafficking activities,66 on the highway that leads from the village of Santo Domingo to Panamá de Arauca or Pueblo Nuevo.67 Subsequently, after the aircraft had landed, troops from the 36th Counter-Guerrilla Battalion and units of the Air Force “proceeded to immobilize the aircraft, but the operation was interrupted by a group of bandits who confronted the troops using long-range weapons […].”68 As a result of the foregoing, the Armed Forces planned an airborne military operation.69 During this, the National Army’s 18th Brigade and the 36th Counter-Guerrilla Battalion, in execution of the military operations known as “Relámpago” and “Pantera,” respectively, began a military operation that lasted several days.70 62. It is an undisputed fact that, in the context of the design and organization of the operation, a briefing was held within the Air Force, during which planning was discussed,71 such as with regard to defining the means to be used. Specifically, the use of several aircraft was decided, one of them loaded with an AN-M1A2 cluster bomb. 63. The AN-M1A2 cluster bomb72 is manufactured in the United States of America; it apparently measures 46.6 inches and weighs 128 pounds73 and is composed of six AN-M41A1 fragmentation 64 Cf. Statement of Alba Yanet García during the public hearing of June 27 and 28, 2012. Alba Yaneth García stated the following before the Court: “[t]hat day, December 12, we were having an event, or rather a charity fair to collect funds for our school. On the 12th we were all very happy waiting for the charity fair; all of us assembled as a family, and waiting for friends who were arriving from the villages around Santo Domingo to take part in the charity fair.” See also, the Statement of Wilson García Reatiga, before the Attorney General’s Office, National Special Investigations Directorate, Human Rights Unit, in Saravena, Arauca, on June 17, 1999 (evidence file, tome 8, folios 3737 to 3743), and 12th Criminal Court of the Trial Circuit of Bogotá D.C. with functions under Law 600 of 2000, First Instance Judgment, Case file 2005-102, September 24, 2009 (evidence file, tome 12, folio 6352). 65 Cf. Statement of Excelino Martínez Rodríguez, before the Attorney General’s Office, National Special Investigations Directorate, Human Rights Unit, in Saravena (Arauca) on June 17, 1999, (evidence file, tome 8, folios 3724 to 3726). 66 Cf. Communication No. 2577 of the Colombian Military Forces, National Army, 18th Brigade, “Report and denunciation of events” made by Major O.W.P.H., on December 14, 1998 (evidence file, tome 15, folio 7704), and Report on operations in the area of Santo Domingo of the Colombian Military Forces, Air Force, of December 17, 1998 (evidence file, tome 19, folios 10119 and 10120). 67 The said aircraft was followed by an Army Black Hawk helicopter, which noted that its maneuvers were suspicious. The members of the Military Forces believed that it was transporting a ton of cocaine to the department of Vichada. The occupants of the small aircraft, a single motor bearing the license number HK-2659, were able to land on a clandestine airstrip located in Caño Verde, near the village of Santo Domingo. Cf. Communication No. 2577 of the Colombian Military Forces, National Army, 18th Brigade, “Report and denunciation of events” made by Major O.W.P.H., on December 14, 1998 (evidence file, tome 15, folio 7704), and the Santo Domingo operations report, Special Air Operations Directorate, Colombian Military Forces, Air Force (evidence file, tome 19, folios 10122 to 10125). See also: 12th Criminal Court of the Trial Circuit of Bogotá D.C. with functions under Law 600 of 2000, First Instance Judgment, Case file 2005-102, September 24, 2009 (evidence file, tome12, folios 6350 and 6361, and tome 15, folio 10534). 68 Communication No. 2577 of the Colombian Military Forces, National Army, 18th Brigade, “Report and denunciation of events” made by Major O.W.P.H., on December 14, 1998 (evidence file, tome 15, folios 7704 and 7705); Report on operations in the area of Santo Domingo of the Colombian Military Forces, Air Force of December 17, 1998 (evidence file, tome 19, folios 10119 and 10120); Santo Domingo operations report, Special Air Operations Directorate, Colombian Military Forces, Air Force (evidence file, tome 19, folios 10122 to 10125), and note No. 2573/DIV2-BR18-B2-INTI Arauca, of December 12, 1998, signed by Major O.W.P.H., 10th Brigade B2 Officer, addressed to 19th Regional Prosecutor delegated to the DAS and the SIJIN (evidence file, tome 15, folios 7719 and 7720). 69 Cf. Patrol report, Comuneros 36th Counterinsurgency Battalion of December 24, 1998 (evidence file, tome 15, folios 7722 to 7728). 70 Cf. Report on operations in the area of Santo Domingo of the Colombian Military Forces, Air Force of December 17, 1998 (evidence file, tome 15, folios 10119 and 10120); Patrol report, Comuneros 36th Counterinsurgency Battalion of December 24, 1998 (evidence file, tome 15, folios 7722 to 7728), and testimony provided by General Jairo García before the Court during the public hearing before the Court on June 5, 2012; 12th Criminal Court of the Trial Circuit of Bogotá D.C. with functions under Law 600 of 2000, First Instance Judgment, Case file 2005-102, September 24, 2009 (evidence file, tome12, folio 6361 and ff.). 71 Cf. Statement made by Captain G.O.A. (Liaison officer during the operation in Santo Domingo) before the 122nd Military Court of First Instance of the IPM, on March 1, 2001 (evidence file, tome 15, folio 7710), and Statement made by Lieutenant G.D.L.S. before the 46th Military Criminal Court of First Instance, of February 9, 1999 (evidence file, tome 15, folio 10107). 72 These are AN-M41A1 bombs and they were launched with M1A2 adapters; the system was known as an AN-M1A2 Cluster fragmentation Bomb. Communication No. 201226410020931 of February 17, 2012, from Colonel C.H.T.T., Head of ‐ 20 ‐