El Colombian legislator from 2000, at the time to draw up the current penal code governs, created a new legal asset, which was located in Title II of the special part of the body legislation referred to, under the name of: Crimes against persons and property protected by the International Humanitarian Law. In this regard, it must be understood that conduct located in this part of the penal code is intended to protect from how the values inspiring the body prevail normative known as international law Humanitarian. Thus, in the event of the death of an internationally protected person, must be consider that the punishment imposed on the basis of that fact not only is it seeking to assert the right to life of the victim, but must also necessarily explicit recognition of validity and respect due to the interests protected by the humanitarian law, as is the principle of distinction, otherwise there would be no reason some for the legislator to have created this type of conduct punishable, if not precisely because it is aimed at preserving a legal asset new among us, as is the case for the top interests underpinning international law of armed Conflicts. However, in order to ensure that the offences under the Title are: II of the special part of the penal code may they require the presence of: a legal element of the type, which is the existence of a situation capable of being classified as an armed conflict, for the Colombian case, it will have to be internal in nature. The above to the extent that this type of criminal offence require the conduct to take place on the occasion of or in the course of armed conflict. It is a normative element, namely: legal status, there is no agreement in Colombia on the existence or otherwise of a situation which may be classified as internal armed conflict, position whereas this is denied by the executive branch, while others they say this. The above situation gives rise to a serious situation situation of legal uncertainty, since the operator there will be a variety of interpretations of justice. some of them of political content; which will necessarily influence the decision to to take in respect of which offence to apply, if one against an internationally protected person, or by on the contrary, use the rest of the crime catalogue they are committed in a normal state. Since it is a question of legal interpretation, it is appropriate to the justice operator to carry out the interpretative work, this is done through the legal sources with the which counts, in this case, the standard that it defines what is meant by internal armed conflict.