1994 (December 16)
Official Gazette No. 41,640, of December 20, 1994
Through which the "Additional Protocol approving the Geneva Conventions of 12 August 1949 on the protection of victims of non-international armed conflicts (Protocol II) ", made in Geneva on 8 June 1977. Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the "Protocol Additional to the Geneva Conventions of 12 August 1949 on the protection of victims of non-international armed conflicts (Protocol II)", done at Geneva on 8 June 1977.
additional to the Geneva Conventions of 12 August 1949 on the protection of victims of non-international armed conflicts (Protocol II).
PREAMBLE The High Contracting Parties,
Recalling that the humanitarian principles enshrined in article 3. common to the Geneva Conventions of 12 August 1949 constitute the foundation of respect for the human person in case of armed conflict not of an international character,
Recalling furthermore that international instruments relating to human rights offer to the person a fundamental human protection
Underlining the need to ensure better protection to victims of such armed conflict,
Recalling that, in cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of public conscience,
agreed as follows: TITLE I.
SCOPE oF THIS PROTOCOL ARTICLE 1o. Material scope.
1. This Protocol, which develops and supplements article 3. common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application, apply to all armed conflicts which are not covered by article 1. Additional to the Geneva Conventions of 12 August 1949 relating to the Protection of Victims of International Armed Conflicts (Protocol 1) Protocol and developed in the territory of a High Contracting Party between its armed forces and dissident armed forces or organized armed groups which, under the leadership of a responsible command, exercise on a part of its territory as a control that enable them to carry out sustained and concerted military operations and to implement this Protocol.
2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other similar acts, as not being armed conflicts.
. PERSONAL SCOPE.
1. This Protocol shall apply without any adverse distinction based on race, color, sex, language, religion or belief, political or other opinion, national or social origin, property, birth or other status or any other similar criteria ( hereinafter referred to as "adverse distinction") to all persons affected by armed conflict within the meaning of article 1.
2. At the end of the armed conflict, all persons who have been subjected to deprivation or restriction of liberty for reasons related to that, and those that were subject to such measures after the conflict for the same reasons, shall enjoy the protection provided in articles 5. and 6o. until the end of such deprivation or restriction of liberty.
ARTICLE 3. NON-INTERVENTION.
1. No provision of this Protocol shall be invoked in order to undermine the sovereignty of a State or the responsibility of the Government to maintain or restore law and order in the State or to defend the national unity and territorial integrity by all legitimate means.
2. provision of this Protocol may not be invoked as a justification for intervening, directly or indirectly, whatever the reason, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs.
ARTICLE 4. FUNDAMENTAL GUARANTEES.
1. All persons taking no active part in hostilities or who have ceased to participate in them, whether or not deprived of their liberty are entitled to respect for their persons, their honor, their convictions and religious practices. They will be treated humanely in all circumstances, without any adverse distinction. order that no survivors is prohibited.
2. Without prejudice to the generality of the foregoing provisions, they are and shall remain prohibited at any time and place with respect to persons paragraph refers to the 1st .:
a) Violence to life, health and integrity physical or mental of persons, in particular murder and cruel, such as torture, mutilation or any form of corporal punishment treatment;
B) Collective punishments;
C) Taking of hostages;
D) Acts of terrorism;
E) outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;
F) Slavery and the slave trade in all its forms;
H) Threats to commit such acts.
3. They provide children with the care and aid they require, in particular:
a) receive an education, including religious and moral education, in keeping with the wishes of parents or, failing that, people who has care of them;
B) appropriate measures must be taken to facilitate the reunion of families temporarily separated;
C) Children under 15 will not be recruited into armed forces or groups nor allowed to take part in hostilities;
D) The special protection provided by this Article to children under 15 continue to apply to them if, notwithstanding the provisions of paragraph c) have participated directly in hostilities and are captured;
E) measures will be taken, if necessary, and whenever possible with the consent of parents or persons who, under the law or custom are primarily responsible for their care, to move temporarily children from the area in which hostilities are taking place to a safer area within the country and they are accompanied by persons to ensure their safety and welfare.
The 5th ITEM. PERSONS DEPRIVED OF LIBERTY.
1. . In addition to the provisions of Article 4, will be respected, at least as regards persons deprived of their liberty for reasons related to the armed conflict, whether interned or detained, the following provisions:
a) wounded and sick shall be treated in accordance with Article the 7th .;
B) Persons referred to in this paragraph, shall receive, to the same extent as the local population, food and drinking water and enjoy guarantees of health and hygiene and protection against the rigors of the climate and the dangers of armed conflict;
C) shall be authorized to receive individual or collective relief;
D) They may practice their religion and, when requested and appropriate, to receive spiritual assistance from persons performing religious functions, such as chaplains;
E) If required to work, they enjoy working conditions and safeguards similar to those enjoyed by the local civilian population.
2. The extent possible, those responsible for the internment or detention of persons to the 1st paragraph refers. also respect, within the limits of its jurisdiction, the following provisions relating to such persons:
a) Except when men and women of a family are accommodated together, women shall be held in quarters other than those for men and shall be under the immediate supervision of women;
B) Such persons will be allowed to send and receive letters and cards, although the number may be limited by competent authority if necessary;
C) places of internment and detention shall not be located close to the combat zone. Persons on the 1st paragraph refers to. They will be evacuated when the places are interned or detained become particularly exposed to the dangers resulting from armed conflict, if their evacuation can be carried out under adequate conditions of safety;
D) Such persons shall be subject to medical examinations;
E) No endanger their health or physical or mental integrity, by any unjustified act or omission. Therefore it prohibits subjecting persons referred to in this Article to any medical procedure which is not indicated by their health status and is not in accordance with generally accepted medical standards that would apply in similar medical circumstances to the not deprived of their liberty.
3. People who are not covered by the provisions of paragraph 1o. but whose liberty has been restricted in any way that is, for reasons related to the armed conflict shall be treated humanely in accordance with the provisions of article 4. and paragraphs 1 a), c) and d) and 2 b) of this Article.
4. If it is decided to release persons deprived of their liberty, those who decide should take steps to ensure the safety of such persons.
ARTICLE 6o. CRIMINAL PROCEEDINGS.
1. This Article applies to the prosecution and punishment of criminal offenses related to the armed conflict.
2. No sentence shall be passed and no penalty shall be executed on a person convicted of an offense except under sentence of a court offering the essential guarantees of independence and impartiality. In particular:
a) The procedure shall provide for an accused to be informed without delay of the details of the offense alleged against him and shall afford the accused, in the proceedings preceding the trial and during it, all right and means of defense;
B) No person shall be convicted of an offense but is on the basis of his individual criminal responsibility;
C) No person shall be convicted of any act or omission which did not constitute a criminal when committed under the law; no more severe than applicable at the time the infringement took penalty shall be imposed; if, after the commission of the offense, the law for the imposition of a lighter penalty, the offender shall benefit thereby;
D) Any person charged with an offense is presumed innocent until his guilt is proved according to law;
E) Any person charged with an offense shall have the right to be present to be judged;
F) No one shall be compelled to testify against himself or to confess guilt.
3. A convicted person shall be informed, at the time of his conviction, his rights to institute court proceedings and otherwise, and the deadlines to exercise those rights.
4. No death penalty against people who were under 18 years of age at the time of the offense will not be carried out on pregnant women or mothers of young children will be taught.
5. A cessation of hostilities, the authorities in power shall endeavor to grant the broadest possible amnesty to persons who have taken part in the armed conflict or deprived of liberty or detained for reasons related to the armed conflict.
Wounded, Sick and Shipwrecked
ARTICLE 7. PROTECTION AND ASSISTANCE.
1. All the wounded, sick and shipwrecked, whether or not taken part in the armed conflict, they shall be respected and protected.
2. In all circumstances they are treated humanely and shall receive, to the fullest extent possible and in the shortest possible time, medical care required by their state. It will not be any distinction between them that is not based on medical criteria.
Article 8. SEARCH. Whenever circumstances permit, and particularly after an engagement, all possible measures to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill-treatment and ensure their adequate care be taken without delay and to search for the dead, prevent their being despoiled, and decently dispose of them.
Article 9. PROTECTION medical and religious personnel.
1. Medical and religious personnel shall be respected and protected. It will provide all the help available for the performance of their duties and will not be required to perform tasks that are not compatible with their humanitarian mission.
2. No it may require that the health personnel in fulfilling its mission, give priority to the treatment of any person except on medical grounds.
ARTICLE 10. GENERAL PROTECTION OF MEDICAL MISSION.
1. It will not be punished for having carried out medical activities compatible with ontology, whatever that may have been the circumstances or beneficiaries of such activity.
2. Not be compelled to persons engaged in medical activities to perform acts or to carry out work contrary to the ontology or other medical rules designed to protect the wounded and sick, or the provisions of this Protocol, or to refrain from acts required by those rules and provisions.
3. Subject to the provisions of national law professional obligations of persons engaged in medical activities, in terms of the information they may acquire concerning the wounded and sick under their care will be respected.
4. Subject to the provisions of national law, the person engaged in medical activities may be penalized in any way by the failure to provide or refused to provide information on the wounded and sick who attend or have attended.
ARTICLE 11. PROTECTION OF UNITS AND medical transports.
1. Medical units and medical transports shall be respected and protected at all times and not be attacked.
2. The protection units and medical transports may only cease when they make use of in order to commit hostile acts, outside their humanitarian tasks. However, protection cease only after a warning with fixed whenever appropriate, a reasonable time, unheeded.
ARTICLE 12. DISTINCTIVE EMBLEM. Under the direction of the competent authority concerned, the distinctive emblem of the Red Cross, Red Crescent or Red Lion and Sun on white background will be displayed by medical and religious personnel and units, and means medical transports. It shall be respected in all circumstances. It should not be misused.
ARTICLE 13. PROTECTION OF CIVILIANS.
1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules shall be observed in all circumstances.
2. They will not be subject to attack the civilian population as such nor civilian persons. Are prohibited acts or threats of violence the primary purpose of spreading terror among the civilian population.
3. Civilians shall enjoy the protection afforded by this title, unless directly involved in hostilities for the duration of such participation.
ARTICLE 14. PROTECTION OF indispensable to the survival of the civilian population. It is prohibited as a method of combat Starvation of civilians. Consequently, it is prohibited to attack, destroy, remove or render useless for that purpose, objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, facilities and reserves potable water and irrigation works.
ARTICLE 15. PROTECTION OF WORKS AND INSTALLATIONS CONTAINING DANGEROUS FORCES. Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be the object of attack, even if they are military objectives, if such attack may cause the release of dangerous forces and cause, in consequent severe losses among the civilian population.
ARTICLE 16. PROTECTION OF CULTURAL PROPERTY AND PLACES OF WORSHIP. Without prejudice to the provisions of the Convention of The Hague from 14 May 1954 for the Protection of Cultural Property in the Event of Armed Conflict, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and use them in support of the military effort.
ARTICLE 17. PROHIBITION OF FORCED DISPLACEMENT.
1. No may order the displacement of the civilian population for reasons related to the conflict unless so required the security of the civilians involved or imperative military reasons. Should such displacements have to be carried out, all possible measures to ensure that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition will be taken.
2. You can not force civilians to leave their own territory for reasons related to the conflict.
ARTICLE 18 RELIEF SOCIETY DISTRESS AND ACTIONS.
1. Relief societies located in the territory of the High Contracting, such as the organizations of the Red Cross (Red Crescent, Red Lion and Sun) Party, may offer their services for the performance of their traditional functions in relation to victims of armed conflict. The civilian population may, even on its own initiative, offer to collect and care for wounded, sick and shipwrecked.
2. When the civilian population is suffering undue hardship owing to a lack of supplies essential for its survival, such as foodstuffs and medical supplies, will be undertaken with the consent of the High Contracting Party, relief actions for the civilian population, and solely humanitarian and impartial and conducted without any adverse distinction.
TITLE V. FINAL PROVISIONS
ARTICLE 19. DISSEMINATION. This Protocol shall be disseminated as widely as possible.
ARTICLE 20. SIGNATURE. This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final Act and will remain open for a period of twelve months.
ARTICLE 21. RATIFICATION. This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Conventions.
ARTICLE 22. ACCESSION. This Protocol shall be open for accession by any Party to the Conventions which has not signed this Protocol. The instruments of accession shall be deposited with the depositary.
ARTICLE 23. ENTRY INTO FORCE.
1. This Protocol shall enter into force six months after they have deposited two instruments of ratification or accession.
2. For each Party to the Conventions ratifying or acceding to it that subsequently, this Protocol shall enter into force six months after that Party has deposited its instrument of ratification or accession.
ARTICLE 24. AMENDMENTS.
1. Any High Contracting Party may propose one or more amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which, after consultation with all the High Contracting Parties and the International Committee of the Red Cross, will decide whether to convene a conference to consider the proposed amendment.
2. The depositary shall invite to that conference all the High Contracting Parties and the Parties to the Conventions, whether or not signatories of this Protocol.
ARTICLE 25. DENUNCIATION.
1. In the event that a High Contracting Party should denounce this Protocol, the denunciation shall only take effect six months after the instrument of denunciation received. However, if the expirarlos six months, the denouncing Party is engaged in the situation referred to in article 1., The denunciation shall not take effect before the end of the armed conflict. Persons who have been subject to a deprivation or restriction of liberty for reasons related to the conflict shall nevertheless continue to benefit from the provisions of this Protocol until their final release.
2. The denunciation shall be notified in writing to the depositary. Which it shall transmit it to all the High Contracting Parties.
ARTICLE 26. NOTICES. The depositary shall inform the High Contracting Parties and the Parties to the Conventions, whether or not signatories of this Protocol, of:
a) signatures of this Protocol and the deposit of instruments of ratification and accession in accordance with articles 21 and 22;
B) The date on which this Protocol enters into force in accordance with Article 23; and
c) Communications and declarations received under Article 24.
ARTICLE 27. REGISTRATION.
1. Once you have entered into force of this Protocol, the depositary shall transmit to the Secretariat of the United Nations in order to proceed to registration and publication in accordance with Article 102 of the United Nations Charter.
2. The depositary shall also inform the Secretariat of the United Nations of all ratifications and accessions received in relation to this Protocol.
ARTICLE 28. AUTHENTIC TEXTS. The original of this Protocol, of which Arabic, Chinese, Spanish, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified copies to all Parties to the Conventions copies.
THE SIGNED CHIEF OF THE OFFICE OF LEGAL
MINISTRY OF FOREIGN AFFAIRS DECLARES:
That this reproduction is faithful copy of the certificate text taken from "Additional Protocol to the Geneva Conventions of 12 August 1949 on the protection of victims of non-international armed conflicts (Protocol II) ", done at Geneva on June 8, 1977, which lies in the archives of the Legal Office of the Ministry.
Given in Bogota, DC, on the twenty-four (24) days
of March in 1994 (1994).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura.
Legislative Branch of Public Power.
Presidency of the Republic.
Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes.
(Sgd.) César Gaviria Trujillo
The Minister of Foreign Affairs,
(Sgd.) RUBIO Noemi Sanin. DECREES
ITEM 1A. I To approve the "Protocol Additional to the Geneva Conventions of 12 August 1949 concerning the protection of victims of non-international armed conflicts (Protocol II)", done at Geneva on 8 June 1977.
ARTICLE 2A. In accordance with the provisions of article 1. 7a Act. 1944, the "Protocol Additional to the Geneva Conventions of 12 August 1949 concerning the protection of victims of armed conflict not of an international character (Protocol II)", done at Geneva on 8 June 1977, which by article 1. this law passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3A. This law applies from the date of publication.
The President of the honorable Senate, GUILLERMO JUAN ANGEL MEJIA
Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives
BENEDETTI ALVARO VARGAS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
Republic of Colombia - National Government
communication and publication. Run
prior review by the Constitutional Court,
under Article 241-10 of the Constitution.
Given in Bogota, DC, on 16 December 1994.
Ernesto Samper Pizano Government Minister,
Horacio Serpa Uribe.
The Deputy Minister of Foreign Affairs, responsible
Office of the Minister of Foreign Affairs, Camilo Reyes Rodriguez
The Minister of Justice and Law, NEIRA
Nestor Humberto Martinez.
The General Commander of the Armed Forces,
Office of the Minister of National Defence, General Hernando Camilo Zuniga