La responsabilidad del Estado por los daños ocasionados a civiles, producto de atentados terroristas,con una perspectiva hacia el riesgo conflicto como nueva modalidad de imputación

Abstract

Abstract

In Colombian legislation, the responsibility of the state, also known as a public responsibility, finds its legal basis on what is enshrined in the first paragraph of the Political Constitution of 199. This states, "The State shall be liable for the unlawful damages attributable to it, caused by the action or omission of public authorities.(Constitución Política de Colombia [Const]., 1991, Art.90)

On the other hand, the Third Section of the State Council established the budgets that had to be fulfilled so that it would be possible to attribute responsibility to the State from the different titles of imputation. This must be analyzed from a constitutional and social perspective, arising from the concept of unlawful damage, understood as the damage that the person did not have the duty to endure.

A new imputation title implemented by the supreme body of Administrative Litigation is the risk of conflict. Its configuration is a new source of exceptional risk, in which the State responds objectively, which means to respond to damage that occurs when terrorist attacks are perpetrated, without incurring in a fault or failure to act. This specific damage occurs when terrorist attacks are committed in the context of a conflict of arms to the property of the State. For instance, police stations, military camps or pipelines. In other words, the State is liable for the unlawful damages that are generated by the product of the endangerment and the risk created in the fulfillment of the legitimate exercise of their functions.

Keywords: Responsibility, status, damage, prejudice, armed groups, terrorist acts, civilian population, illegality, risk of conflict, extracontractual liability.