Practice Relating to Rule 138. The Elderly, Disabled and Infirm
Colombia’s Basic Military Manual (1995) provides: “In these cases the IHL rules favour especially the civilian population so that assistance and protection, which the parties to the conflict shall bring, are given in priority to the most vulnerable persons or groups of persons, who are: … elderly”.
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 obligation to respect the special rights of the elderly … affected by the armed conflict.
[footnote in original omitted]