Practice Relating to Rule 102. Individual Criminal Responsibility
Colombia’s Circular on Fundamental Rules of IHL (1992) provides: “Nobody can be considered as responsible for an act he has not committed.”
In 2007, in 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 respect … the principle of … individual criminal responsibility.
[footnote in original omitted]
In 2006, in the Constitutional Case No. C-370/06
, the Plenary Chamber of Colombia’s Constitutional Court was called upon to decide on the constitutionality of Colombia’s Justice and Peace Law (2005). The Court stated that “criminal responsibility continues to be individual”.