القاعدة ذات الصلة
Colombia
Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
Colombia’s Penal Code (2000) imposes a criminal sanction on anyone who, during an armed conflict, carries out or orders the “carrying out of forced sexual acts on protected persons” and “forced prostitution or sexual slavery”.
Colombia, Penal Code, 2000, Articles 139 and 141.
In 1995, Colombia’s Constitutional Court held that the prohibitions contained in Article 4(2) of the 1977 Additional Protocol II practically reproduced specific constitutional provisions.
Colombia, Constitutional Court, Constitutional Case No. C-225/95, Judgment, 18 May 1995.
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
Taking into account … the development of customary international humanitarian law applicable in internal armed conflicts, the Constitutional Court notes that the fundamental guarantees stemming from the principle of humanity, some of which have attained ius cogens status, … [include] the prohibition of gender violence, sexual violence, enforced prostitution and indecent assault.
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment, 25 April 2007, p. 112.
[footnote in original omitted]