The International Office for Human Rights Action on Colombia

Extension of military jurisdiction – Serious concerns over constitutional reform of the military criminal justice process

The government of President Santos has been pushing for a constitutional amendment that seeks to expand military criminal jurisdiction, that is about to be approved.

As highlighted by eleven UN human rights experts on 22 October 2012, “should this reform be approved, it could seriously undermine the administration of justice for cases of alleged violations of human rights and international humanitarian law, including serious crimes, by military or police forces (Fuerza Pública)”. In the conclusions of its 146 regular session of 16 November 2012, the Inter-American Commission on Human Rights “call(ed) to mind that the Inter-American Court of Human Rights has established that the State has the obligation to provide effective judicial recourse to victims of human rights violations, and the Commission believes that such recourse, in all cases, is through the regular criminal jurisdiction, regardless of whether or not the violations being prosecuted were committed by members of the military”.

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Our solidarity is universal.

We are deeply concerned about all victims of armed conflict, repression and violence around the world — from Sudan to Syria, including the persecution of the Rohingya and so many other crises that often receive less international attention than they deserve. Each of these situations calls for solidarity, remembrance, justice and action.

However, we have decided to specifically highlight the message ‘Stop Genocide in Palestine’ because what is happening in Palestine represents not only a human tragedy of enormous magnitude, but also a direct challenge to the fundamental principles of international humanitarian law and to the rules-based international system itself. The indifference and complicity of much of the international community in the face of the apartheid regime imposed by the Israeli government on the Palestinian people represent one of the greatest moral and political contradictions of our time.

The persistent violation of essential norms — such as the protection of the civilian population, the prohibition of collective punishment and respect for proportionality in the use of force — not only has devastating consequences for the Palestinian population, but also erodes the global mechanisms designed to limit the power of states and prevent abuses.

When these rules are repeatedly breached without any effective consequences, the framework that protects all populations in conflict situations, anywhere in the world, is weakened. Therefore, speaking out in this case does not mean ignoring other forms of suffering, but rather emphasising the urgency of defending an international order which, if it collapses, leaves everyone in a more vulnerable position.

Drawing attention to this situation is, therefore, an act consistent with the universal values we uphold: the protection of life, human dignity and respect for international law, without exception.

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