Engaging Colombian Non-State Armed Groups in the Protection of Reproductive Rights

This paper explores how Colombian Non-State Armed Groups (NSAGs) can be held accountable for violations of reproductive rights under a human rights framework. Drawing from reports by NGOs, the Ombudsman’s Office, and the International Committee of the Red Cross (ICRC), it highlights how militarisation by NSAGs ‐ grounded in masculinised norms and historical stereotypes ‐ has led to reproductive rights abuses, such as forced abortion, unwanted motherhood and restricted access to abortion and healthcare services, among others. These violations persist in areas where the Colombian State remains absent or ineffective. Although transitional justice mechanisms in Colombia have addressed some reproductive crimes through the lens of individual criminal responsibility, these efforts fall short of creating a comprehensive accountability framework for NSAGs as collectivity. To address this gap, this paper argues that Common Article 3 of the Geneva Conventions (CA 3) and Additional Protocol II offer a pathway to recognise NSAGs’ international legal personality and engage them in upholding reproductive rights. Particularly through the provision of special agreements in CA 3, it is possible to create an appropriate framework of accountability for human rights. The analysis unfolds in four sections: (1) the need for NSAGs to protect reproductive rights in light of historical restrictions and ongoing peace dialogues; (2) the international legal definition of reproductive rights; (3) accountability mechanisms applicable to NSAGs under CA 3 and Additional Protocol II; and (4) the feasibility of using special agreements to establish enforceable obligations.