territory they had occupied ancestrally.591 Similarly, other subsequent laws recognized the right
to collective ownership of these territories; for example, Law 70 of August 31, 1993, which
recognized “to the black communities who have been occupying vacant land in the rural areas
along the rivers of the Pacific Basin, in keeping with their traditional practices of production, the
right to collective ownership.”592 Thus, under the protection granted by both domestic and the
international law, at the time covered by the factual framework of this case, the communities of
the Cacarica River basin enjoyed special protection of their right to collective ownership. The
State did not contest the ownership of these rights by the Community Council of the Cacarica
River basin.
348. Also, these communities are settled in a region of significant geo-strategic importance in
the armed conflict, in particular for the illegal armed groups, owing to its geographical location
and its biological wealth, which favors the international trafficking of arms, chemical inputs, and
illegal drugs, and it is also a strategic territory from a military perspective. The illegal armed
groups have sought out this region as a corridor for their movements, for trafficking arms and
narcotics, and encourage the logging of native species, in order to plant coca, oil palm and
banana.
349. According to Rule 7 of Customary International Humanitarian Law, “[t]he parties to the
conflict must at all times distinguish between civilian objects and military objectives. Attacks
may only be directed against military objectives. Attacks must not be directed against civilian
objects.”593 Also, Rule 133 stipulates that “[t]he property rights of displaced persons must be
respected.”594 Principle 21.3 of the United Nations Guiding Principles on Forced Displacement
indicates that “[p]roperty and possessions left behind by internally displaced persons should be
protected against destruction and arbitrary and illegal appropriation, occupation or use.”595
350. The Court has also found in other cases that, owing to the circumstances in which the
facts occurred and, especially, owing to the socio-economic situation and vulnerability of the
presumed victims, the harm caused to their property may have a greater effect and scope that
it would have had for other persons or groups in other conditions.596
351. Chapter IX-1 of this Judgment established the State’s responsibility for the paramilitary
incursions in the Cacarica River basin. This Court also notes that the representatives and the
591
Cf. Law 31 of July 19, 1967, approving ILO Convention 107 concerning the protection and integration of
indigenous and tribal peoples in independent countries, adopted by the fourtieth session of the General Conference of
the International Labour Organization.
592
Cf. Law 70 of 1993, Law 99 of 1993, and transitory article 55 of the 1991 Colombian Constitution (supra para.
131). Annex 1 of the National Council for Economic and Social Policy, CONPES 3169 of May 23, 2002, “Policy for the
Afro-Colombian population,” indicates the municipalities that form the “Pacific Basin” and, in particular, includes the
municipality of Riosucio, which encompasses the Cacarica River basin (evidence file, folio 45944).
593
Case of the Santo Domingo Massacre v. Colombia. Preliminary objections, merits and reparations, para. 271. In
addition, relevant rules of Customary International Humanitarian Law in this case are: “Rule 8. In so far as objects are
concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an
effective contribution to military action and whose partial or total destruction, capture or neutralisation, in the
circumstances ruling at the time, offers a definite military advantage. Rule 9. Civilian objects are all objects that are not
military objectives. Rule 10. Civilian objects are protected against attack, unless and for such time as they are military
objectives.” Henkaerts, Jean-Marie, Doswald Beck, Louise, Customary International Humanitarian Law, volume I, Rules,
ICRC, Cambridge University Press, 2005, pp. 29 to 36.
594
Case of the Santo Domingo Massacre v. Colombia. Preliminary objections, merits and reparations, para. 272.
595
United Nations, Commission on Human Rights, Report of the Representative of the Secretary-General, Mr.
Francis M. Deng, submitted pursuant to Commission resolution 1997/39, E/CN.4/1998/53/Add.2, 11 February 1998.
Addendum: Guiding Principles on Internal Displacement.
596
Cf. Case of Uzcátegui et al. v. Venezuela. Merits and reparations. Judgment of September 3, 2012. Series C
No. 249, para. 204, and Case of the Santo Domingo Massacre v. Colombia. Preliminary objections, merits and
reparations, para. 273.
114
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos