Practice Relating to Rule 22. The Principle of Precautions against the Effects of Attacks
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
[T]he essential principles of international humanitarian law have acquired ius cogens
status, based on the fact that the international community as a whole has recognised their peremptory and imperative nature … Among the essential principles of international humanitarian law with ius cogens
status applicable in internal armed conflicts … [is] the precautionary principle.
The Court further held:
The precautionary principle is the cornerstone of a number of specific rules which are considered to have attained customary status and to be applicable in internal armed conflicts … Among these rules is … the obligation of the parties to a conflict … to protect the civilian population against the effects of attacks.
[footnote in original omitted]