Financial Liability of the Colombian State: reference to the war in Villarrica, Tolima

Abstract

This text analyzes the Colombian State’s financial liability regime, enshrined in Article 90 of the 1991 Constitution, with particular reference to the historical event of the Villarrica War (1955-1957). A thorough review of legislation and case law reveals that the text delineates the constituent elements of state liability—unlawful damage, imputation, and causal link—and the grounds for exoneration. Subsequently, rulings of the Inter-American Court of Human Rights (iachr) demonstrate the viability of applying financial liability, even in events prior to 1991, when there are serious human rights violations. The article concludes that the conditions for eventual state reparation under constitutional parameters are met in the Villarrica case, proposing exceptional mechanisms for direct individual and collective reparation. The study is based on jurisprudential and doctrinal sources, as well as victim testimonies, to highlight the significance of the principle of retroactivity in the context of transitional justice.