49
226
mechanisms, together with the predominance of women and children among the displaced population."
Before starting with the legal analysis it is appropriate to clarify the nature and breadth of the applicable
rules.
214.
The Commission will make a broad interpretation of the rights in the American
Convention based on other international instruments relevant to the case, by virtue of its Article 29.b,
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which allows a more comprehensive characterization of the facts.
In this regard, both the InterAmerican Court of Human Rights (hereinafter the "Inter-American Court" or "the Court") as well as the
European Court of Human Rights (hereinafter the "European Court") have underlined the living nature of
the international human rights instruments and the necessity to interpret them coherently with "the
228
changes in the times and the current living conditions."
In addition, the Inter-American Court has
established that "certain acts or omissions that violate human rights, pursuant to the treaties that they do
not have competence to apply, also violate other international instruments for the protection of the
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individual"
By virtue of this and with attention to the nature of the events denounced, as well as to the
context of the internal armed conflict in which they unfolded, the Commission will consider it necessary to
230
have regard to other international instruments of international humanitarian law
which the State of
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Colombia has ratified,
permitting a comprehensive interpretation and application of the content and
232
breadth of the rights protected by the American Convention.
215.
The events of the present case are framed in the context of the internal armed conflict of
Colombia, which does not exonerate the State from respecting and guaranteeing respect for basic human
rights of individuals not directly involved, in accordance with the provisions of Common Article 3 of the
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Geneva Conventions.
In this regard, the Commission considers that the State has general and special
234
duties to protect the civilian population under its care, derived from international humanitarian law.
226
IACHR, Report No.86/06, Petition 499-04, Admissibility, Marino López et al.(Operation Genesis) Colombia, October
21, 2006, para. 38.
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Article 29(b) establishes that no provision of the American Convention can be interpreted to "restrict the enjoyment or
exercise of any right or freedom recognized by virtue of the laws of any State Party or by virtue of another convention to which one
of the said states is a party ". See I/A Court H.R. Case of Río Negro of the Maya Indigenous People and its Members (Massacre of
Río Negro), July 14, 2010, para. 224.
228
I/A Court H.R, Case of “the Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, paras. 192-193. See Case of Río Negro of the Maya Indigenous People and its Members (Massacre of Río
Negro), July 14, 2010, para. 225.
229
I/A Court H.R. Case Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70,
para. 208. See Case of Río Negro of the Maya Indigenous People and its Members (Massacre of Río Negro), July 14, 2010, para.
225.
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In this sense the IACHR recalls that the Inter American Court has referred to the norms of international humanitarian law
and their value in terms of interpretation of individual cases. See, inter alia, I/A Court H.R., Case of the Serrano Cruz Sisters v. El
Salvador. Merits, Reparations and Costs. Judgment of 1 March 2005. Series C No. 120, para. 110 et seq.; Case of Las Palmeras v.
Colombia. Preliminary Objections. Judgment of February 4, 2000. Series C No. 67, para. 32. I/A Court H.R. Case of Bámaca Velásquez
v. Guatemala. Merits. Judgment of 25 November 2000. Series C No. 70, para. 208. See Case of Río Negro of the Maya Indigenous
People and its Members (Massacre of Río Negro), July 14, 2010, para. 225.
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Convention for the Prevention and Punishment of the Crime of Genocide ratified by Colombia on October 27, 1959.
Geneva Conventions of August 12, 1949, ratified by Colombia on November 8, 1961. Source: ICRC. Status of Ratification of the
main IHL Treaties. September 14, 2010. In: http://www.icrc.org/web/spa/sitespa0.nsf/html/party_main_treaties. See Case of Río
Negro of the Maya Indigenous People and its Members (Massacre of Río Negro), July 14, 2010, para. 225, date in which it was
added to the constitutional rules.
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See, inter alia, IACHR, Report 57/97, Case 11.137, of November 18, 1997, para. 167. See Case of the Río Negro
Community of the Indigenous Maya People and its members (Río Negro Massacre), July 14, 2010, para. 225.
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Article 3 - In the case of armed conflict not of an international character occurring in the territory of one of the High
Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and
those placed ' hors de combat ' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely,
without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the
above-mentioned persons:
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