The unborn’s special protection under International Humanitarian Law and its implications for the special jurisdiction for peace in Colombia

Resumen

This paper delves into the issue of special protection for the unborn under international humanitarian law (IHL) and its far-reaching consequences within the purview of the Special Jurisdiction for Peace in Colombia. The central contention is that the unborn should be granted the status of children under IHL, thus entitling them to the same legal safeguards as other protected individuals. To establish this argument, in the first section undertake a comprehensive analysis involving three aspects: (i) the interplay between IHL and international human rights law, (ii) the principles of non-discrimination and humanity, and (iii) the safeguards provided to the unborn under IHL. The second part of the paper centers on the role of the Special Jurisdiction for Peace. The paper emphasize the necessity of recognizing the unborn as victims within the context of the Colombian armed conflict.