A new judicial decision has temporarily halted military bombings against armed groups in the department of Guaviare when there is a risk to recruited minors, opening a fresh legal battle over the government’s security strategy just days after a similar Bogotá ruling.
According to the Juzgado Tercero Penal del Circuito de San José del Guaviare, the provisional measure was issued within an action brought by Roxemhberg Rozo Sánchez, who acted as an agent for child and adolescent victims of forced recruitment. The legal resource targeted the Presidency of the Republic and multiple state entities over the alleged threat or violation of fundamental rights of minors in Guaviare.
Conditions and Scope of the Suspension Order
The restriction applies specifically when intelligence information, a preventive alert, or another objective element reasonably warns of the possible presence of children or adolescents whose lives or physical integrity could be affected. According to the court, the ruling does not establish a general ban on bombings or question the initial legitimacy of the Public Force’s offensive operations. The despacho explicitly noted that the provisional measure does not imply that all military operations must stop or that the eventual presence of minors renders any operation unlawful by itself.
Instead, the tribunal seeks to temporarily block specific operations while evaluating whether authorities possess sufficient mechanisms to prevent harm to civilians and minors. The court specified that it needs to review the protocols used for identifying and verifying targets, the methods for detecting civilians, the evaluation of Early Warnings, and the adopted precautions before issuing a definitive ruling. The suspension remains an exceptional, temporary, and preventive measure while the comprehensive analysis of the tutela proceeds.
Did You Know? The court’s decision specifically referenced the August 27 Operación Amón in rural El Retorno, where three minors belonging to the Estado Mayor de Bloques and Frentes (EMBF) dissident Farc structure led by alias Calarcá were confirmed dead.
Precedents and Practical Enforcement Challenges
The judicial despacho pointed to recent military offensives in Guaviare, including Operación Amón and planned operations against structures commanded by alias ‘Iván Mordisco’, as proof that the risk of minor casualties during attacks on legitimate targets is not a mere hypothesis. The judge emphasized that the possibility of airstrikes causing the death of recruited children is a concrete risk that warrants rigorous oversight. At the same time, the court acknowledged the practical limits of the ruling, noting that illegal recruitment will not be solved by simple exhortations to illegal armed leaders and that unlawful groups will likely ignore the tutela decision.
Frequently Asked Questions
Who filed the legal action that led to the suspension?
The action of tutela was filed by Roxemhberg Rozo Sánchez, acting as an agent for child and adolescent victims of forced recruitment.
Which authorities were ordered to suspend the operations?
Does the ruling ban all military bombings permanently?
No, the measure is provisional, exceptional, and temporary, applying only when intelligence or alerts warn of the possible presence of minors, while the court reviews the overall legality and precaution mechanisms of the strategy.
How will these temporary judicial restrictions alter the government’s broader security strategy against illegal armed organizations?
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