Practice Relating to Rule 14. Proportionality in Attack
In 2001, in the Ballestas case, the Colombian Government requested the preventive detention and extradition of a Colombian citizen belonging to the armed group known as the Ejército de Liberación Nacional (National Liberation Army) for the crimes of rebellion, kidnapping, wrongful death, seizure and diversion of aircraft. The Chamber of Criminal Appeals of Venezuela’s Supreme Tribunal of Justice stated:
[R]ebellion … [is an] offence emblematic of political crimes, and one of which … Ballestas
is accused … The notion of “jus rebelium
,” or the right to rebellion, clearly exists, but it is subject to several conditions, one being … [the requirement of] proportionality between the damage that the insurrectional action will cause and the presumed benefits that it will achieve.
[emphasis in original]