La judicialización de la violencia por prejuicio cometida en contra de personas LGBTIQ+: retos y avances desde el estudio del DIH y el DPI

Abstract

The following article analyzes the lack of protection provided by International Humanitarian Law (IHL) to LGBTIQ+ persons who do not participate in hostilities based on the protection of this legal system for women in the context of war. Based on this, the text shows how this regulatory body of war does not delve into specific protections for categories such as sexual orientations and diverse gender identities, which makes it impossible to understand the violence perpetrated in Colombia against LGBTIQ+ persons in the context of war. This article also immerses the reader in the difficulties of IHL in this area and analyzes that there are other legal instruments that allow the prosecution of those responsible for acts constituting violence by prejudice, such as International Criminal Law (ICL), which can be applied directly in Colombia by the Special Jurisdiction for Peace (JEP), as the judicial body that hears the conducts perpetrated in the conflict and that can punish these conducts as a crime against humanity.