Practice Relating to Rule 88. Non-Discrimination
Colombia’s Circular on Fundamental Rules of IHL (1992) provides: “Persons placed hors de combat
or who do not participate directly in the hostilities … shall be protected … without any adverse distinction.”
Colombia’s Soldiers’ Manual (1999) and Instructors’ Manual (1999) provide:
All persons are born free and equal before the law, receive the same protection and treatment from the authorities and possess the same rights, freedoms and opportunities without any discrimination based on sex, race, family or nationality, origin, language, religion or political or philosophical opinion.
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.
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] prohibition of discrimination in the application of international humanitarian law.
[footnote in original omitted]