Practice Relating to Rule 110. Treatment and Care of the Wounded, Sick and Shipwrecked
Colombia’s Circular on Fundamental Rules of IHL (1992) provides: “The wounded and sick shall be … cared for by the parties to the conflict.”
Colombia’s Basic Military Manual (1995) provides that all wounded and sick combatants shall be cared for.
Colombia’s Instructors’ Manual (1999) provides: “Wounded enemy combatants must be cared for.”
Colombia’s Operational Law Manual (2009) states: “[Common article 3 of the 1949 Geneva Conventions] moreover establishes that the wounded and sick must be cared for.”
(footnote in original omitted)
The manual also states:
The First Responder must follow a strict procedure that ensure his or her safety and avoids any contamination of the scene. The First Responder must:
- confirm the existence of wounded persons, assist them and identify them[.]
Colombia’s Penal Code (2000) imposes a criminal sanction on “anyone who, during an armed conflict, fails to rescue and provide assistance to protected persons, while having an obligation to do so”.
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 obligation to … assist the wounded and sick.
[footnote in original omitted]
The Report on the Practice of Colombia states that Colombia authorizes the Colombian Red Cross or the ICRC to render aid to the wounded.
Colombia’s Soldiers’ Manual (1999) states: “The most seriously wounded enemy combatants must be cared for first.”