Practice Relating to Rule 22. The Principle of Precautions against the Effects of Attacks
Section A. Precautions to protect the civilian population, civilians and civilian objects
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]