Decision SU599/19 (regarding victims of sexual violence during armed conflict)

This ruling was issued by the Constitutional Court of Colombia on December 11, 2019. The facts of the case relate to a former combatant who was recruited by the Revolutionary Armed Forces of Colombia (FARC) and was subsequently abused and raped by the members of the group. As a summary of the ruling produced by the International Committee of the Red Cross explains:

On 11 December 2019, the Constitutional Court delivered a judgment in the case of Helena (an ex FARC member) who claimed that the Victims Unit (UARIV) violated her fundamental rights to health, personal integrity, and integral reparation as a victim of the armed conflict. The UARIV refused to recognize Helena as a victim of forced recruitment, forced abortion and displacement based on article 3 of Law 1448-2011 (Victims Law), which establishes that “members of organized armed groups shall not be considered victims, except in cases where children leave the group being minors”. The Court held that the State has the duty to guarantee victims of sexual violence in the context of the armed conflict access to comprehensive reparation measures, recognizing their quality as victims of the armed conflict. Moreover, the Court stated that Art 3. of Law 1448 could not become an obstacle to receiving reparations for victims of sexual violence, who were former members of the armed group but, at the same time, victims of forced recruitment. The Court contended this decision achieved a balance between the application of the legal system and the States obligations under international humanitarian law and international criminal law.[1]

[1] “Constitutional Court – Judgement SU 599 – 2019 (victims of sexual violence in armed conflict),” National Implementation of IHL, Legislation and Case Law, International Committee of the Red Cross, https://ihl-databases.icrc.org/en/national-practice/constitutional-court-judgement-su-599-2019-victims-sexual-violence-armed-conflict.