Costa Rica




1. Constitutional structure and position of IHL in domestic law

Costa Rica is a republic with a presidential system of government. Executive power is exercised by the president, who is elected by popular suffrage, and by appointed members of his cabinet. The Assembly is unicameral. The Costa Rican legal system is based on the Spanish civil law tradition.

Costa Rica does not maintain armed forces. They were abolished by the 1949 Constitution. The Ministry of Public Security and the Ministry of the Presidency share responsibility for law enforcement and national security.

According to Costa Rican constitutional law, the executive is empowered to negotiate and conclude international treaties and agreements. Treaties are incorporated into the domestic legal order through the approval of the Legislative Assembly (Art. 140 (10) Database 'IHL - National Implementation', View 'Implementing Laws & Regulations - by State', Document 'Political Constitution of Costa Rica, 1949 (extracts)' and 121 (4) Database 'IHL - National Implementation', View 'Implementing Laws & Regulations - by State', Document 'Political Constitution of Costa Rica, 1949 (extracts)' of the Constitution). The Supreme Court of Justice (Constitutional Chamber) must be consulted as to the treaty's compatibility with the Constitution before final approval by the Assembly. A two-thirds majority is required for the approval of treaties that assign or transfer powers to a legal order established at the interstate level (ordenamiento juridico comunitario). Conversely, the Assembly's approval is not required for additional protocols or other instruments adopted pursuant to treaties that have already been approved.

According to Article 7 of the Constitution, international treaties and conventions which have been duly approved by the Assembly have a status superior to ordinary legislation. Once incorporated into the domestic legal order, international instruments can directly create rights and obligations and may, without any other action, be implemented by national courts.

Costa Rica ratified the Geneva Conventions on 15 October 1969 and both Additional Protocols on 15 December 1983. On 2 December 1999, Costa Rica accepted the competence of the International Fact-Finding Commission under Article 90 of Protocol I.


2. Implementing institutions

The National Commission for International Humanitarian Law was created by Decree of 21 May 2004, which was published on 4 November 2004 and entered into force on the same day. The Commission is composed of representatives of various ministries, the legislative and the judiciary authorities, as well as of universities and of the Costa Rica Red Cross.
It is mandated to assist the government with the implementation of existing legislation in the field of international humanitarian law and the development of draft laws and decrees enabling Costa Rica to fulfil its obligations under international humanitarian law.
The Commission promotes the dissemination of international humanitarian law, takes part in meetings, seminars and conferences and encourages academic circles to include that law into education programmes. It also suggests activities aimed to promote the implementation of and respect for international humanitarian law.
The Commission is incorporated in the Ministry of Foreign Affairs. The Commission may consult the ICRC in matters related to international humanitarian law.