Practice Relating to Rule 88. Non-Discrimination
Colombia’s Penal Code (2000) imposes a criminal sanction on “anyone who, during an armed conflict, orders or carries out against protected persons practices of racial segregation or other inhuman or degrading practices based on racial discrimination and which result in outrages upon personal dignity”.
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
[T]he essential principles of international humanitarian law have acquired ius cogens
status, based on the fact that the international community as a whole has recognised their peremptory and imperative nature in the same way it has recognised this for other cardinal provisions such as … the prohibition of apartheid.