Court imposes strict conditions on Colombia’s military air strikes if minors are present

A Bogota court has imposed stringent regulations on Colombia's military regarding air strikes against illegal armed groups in areas where child victims of forced recruitment are present. The 34th Family Court in Bogota lifted a recent suspension on the strikes, which had been imposed in response to a lawsuit. The court emphasized the importance of adhering to International Humanitarian Law, prioritizing the rights of child victims over the success of military operations.

The court made several conditions clear to prevent any violations of international law. Firstly, it prohibited assuming that minors are legitimate targets simply because they are part of an illegal armed group. Instead, the court mandated intensifying the verification and cross-checking of information about the possible presence of minors at potential targets. It also demanded explicit inclusion of this assessment into the legal and operational evaluation of any attack.

Moreover, the court asked for a thorough examination of the foreseeable risk of an attack on children's lives and integrity. It urged a rigorous application of the principles of distinction, precaution, and proportionality before authorizing and executing military operations. The court also ordered the integration of the ICBF (family welfare institute) into military operations to strengthen pathways for disengagement, restoration of rights, comprehensive care, and reintegration of children and adolescents who are victims of recruitment, using a differentiated and territorial approach.

The court further directed the Ombudsman and the Inspector General's Office to monitor compliance with these orders to maximize the protection of children's rights. The lawsuit was filed to safeguard children against the violence President Abelardo de la Espriella intended to inflict on illegal armed groups that were unwilling to demobilize.