Looking at domestic reparations for war victims through the lens of international law A case study on the legal framework for establishing limits for victims and remedies in Colombia

This work examines whether Colombia complies with its international obligations in implementing administrative reparations for war victims. In 2011, the Colombian Congress enacted Law 1448 (the Victims’ Law), which established a reparations programme for nearly nine million individuals affected by the conflict among guerrillas, paramilitaries, and state security forces. Although the Law enshrines a comprehensive set of measures, it introduced restrictions on eligibility criteria and specific remedies to ensure feasibility and sustainability. This raises the question of whether such limitations are consistent with Colombia’s international obligations.
The analysis concludes that the Colombian reparations programme imposes certain restrictions that should be lifted because they conflict with international law. These include: (i) the exclusion of non-state fighters injured during acts breaching international humanitarian law and their relatives classified as indirect victims; and (ii) child soldiers who demobilised after reaching the age of 18. Other provisions do not amount to violations of international law but should be amended to guarantee comprehensive and effective redress, such as those establishing cut-off dates for land restitution and compensation, as well as fiscal constraints.
Finally, the study identifies a protection gap concerning certain children recruited and used in hostilities and survivors of anti-personnel mine attacks. Some of these victims experienced conflict-related violence at times when neither domestic nor international norms explicitly prohibited such acts or established corresponding obligations of reparation.