Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
Colombia’s Penal Code (2000) imposes a criminal sanction on anyone who, during an armed conflict, carries out or orders the “carrying out of forced sexual acts on protected persons” and “forced prostitution or sexual slavery”.
In 1995, Colombia’s Constitutional Court held that the prohibitions contained in Article 4(2) of the 1977 Additional Protocol II practically reproduced specific constitutional provisions.
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 gender violence, sexual violence, enforced prostitution and indecent assault.
[footnote in original omitted]