This article seeks to clarify the scope of application of International Humanitarian Law (IHL) in Colombia. Although it is widely known that IHL only governs situations of armed conflict –either international or non-international–, the practical application of these concepts often gives rise to real challenges. With the current Colombian context as a backdrop, the article outlines the legal criteria that need to be taken into consideration to establish whether a situation of violence is governed by the laws of war. Apart from addressing some of the Colombian dynamics covered by IHL, this contribution also lays down the criteria that define whether certain individuals belong (or not) to one of the parties to the conflict for the purposes of the rules on the conduct of hostilities –and, most notably, the principle of distinction.
Tópico:
Conflict, Peace, and Violence in Colombia
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Información de la Fuente:
FuenteAnuario Iberoamericano sobre Derecho Internacional Humanitario