Colombia
1. Constitutional structure and position of IHL in domestic law
Colombia is a social State based on the rule of law. It is organized in the form of a unitary republic, decentralized, with autonomous territorial units, democratic, participatory, pluralistic and founded on respect for human dignity, on the work and solidarity of the individuals who make it up and on the predominance of the general interest (Constitution, Art. 1).
The President of the Republic (who is elected for a period of four years) is the head of State, head of government, and supreme administrative authority (Constitution, Art. 115). As head of State, the President manages international relations and negotiates international treaties or agreements with other States and international bodies. These are then submitted to Congress for approval (Constitution, Art. 189, para. 2 and Art. 150, para. 16).
The legislature consists of a bicameral Congress, made up of the Senate and the House of Representatives, which are elected by popular vote for a period of four years. Congress has its seat in the capital of the Republic (Constitution, Art. 132) and is responsible for drafting laws. All treaties must be ratified by passing a law, and the procedure provides for the Constitutional Court to verify conformity with the Constitution. International treaties and agreements ratified by Congress that recognize human rights and that prohibit the limitation thereof in states of emergency take precedence over domestic law (Constitution, Art. 93). Neither human rights nor fundamental freedoms may be suspended during a state of emergency, and the rules of international humanitarian law must be observed in all cases (Constitution, Art. 214).
Congress ratified the four Geneva Conventions on 8 November 1967. The Geneva Conventions were promulgated by Decree 1016/90 
and published in the official gazette (No. 39360). The date of entry into force was 8 May 1962. Additional Protocol I of 1977 was ratified on 1 September 1993 by the Senate Special Legislative Commission, by means of Decree 82/96, which was published in the official gazette (No. 42690). The Protocol was declared as in conformity with the Constitution by Constitutional Court decision C-574/92 and entered into force on 1 March 1994. Additional Protocol II of 1977 was ratified on 14 August 1995 by Congress, by means of Law 171 of 1994, Decree 509/96, which was published in the official gazette (No. 42746). The Protocol was declared as in conformity with the Constitution by Constitutional Court decision C-225/95 and entered into force on 15 February 1996. On 17 April 1996, Colombia accepted the competence of the International Fact-Finding Commission under Article 90 of Protocol I.
2. Implementing institutions
The Joint Standing Commission for Human Rights and International Humanitarian Law was set up by Decree 321 of 2000 . The members are the Vice-President of the Republic; the Ministers of Justice and the Interior, Foreign Affairs, Defence, and Social Security and Protection; and the High Commissioner for Peace. The Commission operates via a technical group, established by the same decree and made up of delegates nominated by the members of the Commission. The technical group's functions include that of advising the Commission in its deliberations on recommendations from international bodies and on their implementation within Colombia.
A National Commission on Action Against Mines was also set up by Presidential Decree 2113 of 2001 and the High National Authority for the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons, and for Their Destruction by Decree 1419 of 2002 .
3. Legal advisers to the armed forces
The Standing Order No. 24 of 1994, issued by the Ministry of Defence, establishes human rights offices within the armed forces and military units, and stipulates the promotion of international humanitarian law.
4. Bibliography
- M. HERNÁNDEZ MONDRAGÓN, "Medidas Nacionales de Aplicación y de Difusión del Derecho Internacional Humanitario: Prevención, Represión y Sanción de las Infracciones graves del DIH", Conflicto armado interno y derecho humanitario, Editores Tercer Mundo S.A., Segunda Edición 1997, Bogotá, 65 p..
- M. HERNÁNDEZ MONDRAGÓN, "Derecho Internacional Humanitario: su aplicación en Colombia", República de Colombia - Presidencia de la República - Consejería Presidencial para los Derechos Humanos, Biblioteca Básica de los Derechos humanos, Bogotá, 1992.
- Cruz Roja Colombiana - Programa Presidencial para la libertad personal, "Actualización de la investigación sobre Medidas Nacionales de Aplicación del derecho internacional humanitario", Santafé de Bogotá, D.C, noviembre de 1998.
