Practice Relating to Rule 92. Mutilation and Medical, Scientific or Biological Experiments
Colombia’s Penal Code (2000) provides for the punishment of anyone who, during an armed conflict, inflicts on a protected person biological experiments or subjects a protected person to any medical act which is not indicated and not in conformity with the generally recognized medical norms.
Colombia’s Constitutional Court held in 1995 that the prohibitions contained in Article 4(2) of the 1977 Additional Protocol II were consistent with the Constitution, since they were not only in harmony with the principles and values of the Constitution, but also practically reproduced specific constitutional provisions.
In 2005, in the Constitutional Case No. C-203/05, the Plenary Chamber of Colombia’s Constitutional Court stated:
As members of the civilian population affected by internal armed conflicts, children and adolescents have the right to respect for the fundamental guarantees granted to all persons not actively participating in hostilities, as established by Article 3 common to the  Geneva Conventions … In accordance with this article, in cases of non-international armed conflicts in the territory of one of the Parties, each party to the conflict shall be bound to apply certain minimum guarantees without affecting their legal status as parties to the conflict, including: (1) Persons taking no active part in the hostilities shall be treated humanely in all circumstances without adverse distinction based on discriminatory criteria; (2) To this end, the following acts are prohibited at any time and in any place whatsoever with respect to the above-mentioned persons (including children): (a) Violence to life and person, in particular … mutilation.
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 mutilations, medical or scientific experiments or any other medical procedure not indicated by the state of health of the person concerned and not consistent with generally accepted medical standards – a ius cogens
[footnote in original omitted]