Соответствующая норма
Colombia
Practice Relating to Rule 139. Respect for International Humanitarian Law
Colombia’s Basic Military Manual (1995) notes: “States must … respect and ensure respect for the norms [of IHL] in all circumstances.”
Colombia, Derecho Internacional Humanitario – Manual Básico para las Personerías y las Fuerzas Armadas de Colombia, Ministerio de Defensa Nacional, 1995, p. 37.
Colombia’s Instructors’ Manual (1999) states: “The States which have ratified … international conventions and treaties on the law of war must respect them and ensure their respect in all circumstances.”
Colombia, Derechos Humanos & Derecho Internacional Humanitario – Manual de Instrucción de la Guía de Conducta para el Soldado e Infante de Marina, Ministerio de Defensa Nacional, Oficina de Derechos Humanos, Fuerzas Militares de Colombia, Santafé de Bogotá, 1999, p. 14.
Colombia’s Directive No. 10 (2007), whose objective is to prevent the killing of protected persons, states:
The state of Colombia is party to instruments of public international law which regulate international humanitarian law and thus is obliged to respect and apply international humanitarian law. This obligation applies to the members of the armed forces who are the obvious addressees of such humanitarian norms. Consequently, in carrying out the mission assigned to the armed forces by Article 217 of the Political Constitution [of Colombia], the armed forces must be strictly subjected to international humanitarian law.
Colombia, Directive No. 10, 2007, § IV.
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated: “At the international level, the State obligation to respect and ensure respect for international humanitarian law is found in Article 1 common to the 1949 Geneva Conventions and has acquired customary status.”
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment of 25 April 2007, p. 57.
(footnotes in original omitted)The Court added that this obligation includes “the obligation to take all necessary legislative, administrative or judicial measures to adapt their domestic legal framework, when applicable, to the norms established under humanitarian law”.
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment of 25 April 2007, p. 61.
A working paper prepared by the Colombian Ministry of Foreign Affairs in October 1996 for a meeting of experts on commissions and other bodies entrusted with proposing national measures for the application of IHL stated:
The Colombian Government reaffirms its inescapable commitment to respect and ensure respect for the rules of International Humanitarian Law, especially the norms of the four Geneva Conventions of 1949 and of their Additional Protocols of 1977 which are in force for Colombia.
Colombia, Ministry of Foreign Affairs, Working paper prepared for the meeting of experts on commissions and other bodies entrusted with developing national measures for the application of International Humanitarian Law, 19 October 1996, p. 4, § 2.
Colombia’s Directive on IHL (1993) defines its own aim as “defining general principles and giving instructions towards the strict respect of the rules of International Humanitarian Law”. It also states:
The Ministry of National Defence gives instructions aimed at intensifying the development of capacity-building programmes of the members of the public force, on themes referring to the respect for Human Rights and the application of the rules of International Humanitarian Law, with a view to prevent and correct conduct which violates those rules …
The General Command of the Military Forces and the Direction of the National Police [g]ive the Commanders of the public force the necessary instructions for each Force to intensify, develop and complete, in the corresponding formation and capacity-building courses of their personnel, the relevant studies on the respect for Human Rights and ensure the obligatory application of International Humanitarian Law.
Colombia, Normas de Derecho Internacional Humanitario, Directiva Permanente No. 017, Ministerio de Defensa Nacional, 17 August 1993, Sections I.(A), IV.(A) and IV.(B)(1).
Colombia’s Directive No. 10 (2007), whose objective is to prevent the killing of protected persons, states:
With the objective of strengthening the application of international humanitarian law, preventing homicides of protected persons and strengthening the legitimacy of the Armed Forces, the General Command of the Armed Forces must issue precise orders to all personnel of the armed forces with a view to:
1. Incorporating and respecting the norms of international humanitarian law in the planning, execution and use of force during military operations.
Colombia, Directive No. 10, 2007, § VI(1).
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
At the international level, the State obligation to respect and ensure respect for international humanitarian law is found in Article 1 common to the 1949 Geneva Conventions and has acquired customary status.
…
[T]he general obligation to respect and ensure respect for international humanitarian law is the foundation for a number of more specific duties such as … the duty to give the necessary orders and instructions to members of the armed forces to ensure their respect for and compliance with international humanitarian law as well as to provide the necessary training.
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment of 25 April 2007, p. 61.
