Practice Relating to Rule 150. Reparation
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
At the international level, the State obligation to respect and ensure respect for international humanitarian law is found in Article 1 common to the 1949 Geneva Conventions and has acquired customary status.
[T]he general obligation to respect and ensure respect for international humanitarian law is the foundation for a number of more specific duties such as … the duty to … provide reparations for war crimes, crimes against humanity and genocide committed during internal armed conflicts.
Colombia’s Basic Military Manual (1995), after mentioning the possibility of taking political, economic and legal sanctions against a State whose agents or civil servants have committed violations of international law, provides: “For the States and their governments, the sanctions entail high costs which represent compensations”. After discussing the responsibility of individual members of the armed forces who have committed violations of international law, the manual states: “Furthermore, apart from the individual sanctions, the nation can be sentenced, by its highest tribunals, to compensate for the damages and prejudices caused to individuals by arbitrary and illegal conduct of its authorities.”