Practice Relating to Rule 87. Humane Treatment
Colombia’s Circular on Fundamental Rules of IHL (1992) provides that “persons hors de combat
and who do not participate directly in hostilities … shall be protected and treated in all circumstances with humanity”.
Colombia’s Basic Military Manual (1995) provides that humane treatment is one of the fundamental aspects of common Article 3 of the 1949 Geneva Conventions.
It states: “In Colombia’s application of [the 1977 Additional Protocol II], the State demonstrates that it respects the fundamental guarantees of humane treatment of persons not participating directly in hostilities”.
Colombia’s Soldiers’ Manual and Instructors’ Manual (1999) underline the importance of humane treatment of the enemy.
In 2007, in the Constitutional Case No. C-291/07
, the Plenary Chamber of Colombia’s Constitutional Court stated: “In accordance with the principle of humane treatment, … persons hors de combat
shall be treated humanely.”
(footnote in original omitted)
The Report on the Practice of Colombia refers to a draft working paper in which the Colombian Government stated: “Persons taking no active part in the hostilities … shall in all circumstances be treated humanely.”