El cumplimiento del derecho internacional humanitario posterior a la firma del acuerdo de paz entre los grupos armados al margen de la ley y el estado colombiano

Abstract

This research proposal focuses on analyzing the degree of compliance with International Humanitarian Law (IHL) in Colombia, particularly in the context following the signing of the Final Peace Agreement in 2016, considering the persistence of armed conflict with non-state actors known as residual armed groups or dissidents. Despite the period being considered a post-conflict stage, organized violence continues to manifest in several regions of the country, endangering the protection of the civilian population, essential infrastructure, and respect for basic humanitarian principles. The study is based on the recognition that International Humanitarian Law, and especially Common Article 3 of the Geneva Conventions and Additional Protocol II, remains applicable as long as the factual conditions of a non-international armed conflict persist. However, the practices of both the State and armed actors have revealed structural limitations and gaps in the application of international norms intended to humanize conflict. The lack of full legal recognition of the status of residual armed groups, along with ambiguity in their criminal and political treatment, hinders the real and effective enforcement of International Humanitarian Law in these contemporary scenarios of violence. Through a qualitative, documentary, and legal methodology, this study proposes to examine the main normative instruments of International Humanitarian Law, national and international jurisprudence, as well as official and doctrinal reports, in order to evaluate the implementation of International Humanitarian Law by the Colombian State. It will also analyze the practices of non state armed groups in terms of respect for or violations of fundamental principles such as distinction, proportionality, military necessity, and the protection of persons hors de combat. This work seeks to contribute academically to the understanding of International Humanitarian Law in situations of atypical or reconfigured conflict and to propose legal and institutional guidelines that strengthen its compliance in Colombia. Likewise, it aims to support the guarantee of the rights of victims of armed conflict, to foster debate on the legitimate use of force in non-conventional contexts, and to promote greater accountability of the State before international bodies.