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Prosecutor v Rendón Herrera, Trial judgment, Case no 2007-82701, ILDC 1819 (CO 2011), 16th December 2011, Colombia [co]



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Whether there was an internal armed conflict in Colombia that was covered by the Protocol Additional to the Geneva Convention of 12 August 1949, and relating to the Protection of Victims of Internal Armed Conflicts.

Whether the court could investigate a murder committed hors de combat, even if at the time of offence the conduct was not criminalized in the Colombian Penal Code.

Whether the crime of illegal recruitment of minors to act as soldiers, murder hors de combat, and rape and sexual violence, whilst war crimes, should be interpreted in accordance with international treaties on human rights and international humanitarian law and the rules of soft law.

Whether the child victims of forced recruitment as soldiers were entitled to full reparation by leaders and other members of the paramilitary group, and whether the victims of sexual violence in the context of internal armed conflict were entitled to special care by the state.

Whether a paramilitary leader was responsible for the crimes committed by his subordinates, even if he did not order the commission of a particular crime.

Keywords: Armed conflict, non-international; Crimes against humanity; International criminal law, command responsibility; International humanitarian law, war crimes—child soldiers; International humanitarian law, war crimes—killing; International humanitarian law, war crimes—rape and sexual violence; International law and domestic law, consistent interpretation; Nullum crimen sine lege; Paramilitary groups

Legal Material.  116587 words.  Illustrated.

Subjects: Human Rights ; Public International Law ; International Law ; Law

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