Abstract
In this writing, according to the methodological components of the Critical Legal Studies approach, the literary movement of Magical Realism and historiography is done through the literature of the novel One Hundred Years of Solitude, a parallel of reality to the fiction of the Thousand Days’ War to establish its historical, political and social context, the validity of International Humanitarian Law, and the requirements of temporal, space and material order for the qualification of the existence of a non-international armed conflict within the framework of Article III common to the four Geneva Conventions and Additional Protocol II to these four conventions.