Practice Relating to Rule 105. Respect for Family Life
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
Taking into account … the development of customary international humanitarian law applicable in internal armed conflicts, the Constitutional Court notes that the fundamental guarantees stemming from the principle of humanity, some of which have attained ius cogens
status, … [include] the obligation to respect family life.
[footnote in original omitted]
Colombia’s Basic Military Manual (1995) provides that in order to guarantee the rights of the civilian population, soldiers shall “facilitate the reuniting of families that have been dispersed by the conflict and permit the exchange of information”.
The manual further states that it is a duty of the parties to “permit the exchange of information within families”.
Regarding respect for the civilian population, the manual specifies that it is a duty “to facilitate the contact and reuniting of families”.
In addition, the manual provides that, when the conflict is over, parties shall “strengthen mechanisms dedicated to reuniting dispersed families”.
According to Colombia’s Law on Internally Displaced Persons (1997), the family of forcibly displaced persons must benefit from the right to family reunification.