18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 3 (4 December 2019)
Name of the Event: Colombia: the role of the ICC in the context of an unfinished transition (Side Event co-hosted by Avocats Sans Frontieres – Canada, the Coalition for the International Criminal Court (CICC), Comisión Colombiana de Juristas, Colectivo de Abogados Jose Alvear Restrepo, Sisma Mujer, Colombia Diversa, Corporacion Humanas).
Overview by: Leonore ten Hulsen, Junior Research Associate PILPG-NL
Main Highlights:
The transition to justice in Colombia is not yet completed. The panelists underlined the important role of the ICC in this transition. They asked the ICC to continue with its preliminary examination, including determining whether proceedings carried out in Colombia are genuine, as well as to continue with the dialogue with different national authorities. The ICC has functioned as a shield to protect some of the institutions created as part of the peace agreement that are now under attack by several stakeholders at the national level. The involvement of the ICC is an aid in striving to justice for victims and the fight against impunity of responsible actors in Colombia.
Summary of the Event:
This event in Spanish focused on transnational justice in Colombia, both through local and international means.
The first speaker talked about delayed justice for victims of crimes committed 15 years ago. He noted that the true transition to justice in Colombia is not yet completed. There has been continued political violence in Colombia, and certain regions endure the continuation of the internal armed conflict. These actors continue to commit violent crimes including attacking social leaders. In the last 3 years, the situation has worsened. Last year, 123 cases of violence against human right defenders were documented by the UN. The first speaker noted that each day a human rights defender is killed in Colombia and that these extrajudicial executions are very worrisome. Secondly, the speaker noted there has been an increase in sexual violence. There are 127 cases of sexual violence recorded in Colombia this year. There is presently a lot of impunity. The speaker argued that there is some progress towards justice, but it is small if one looks at the conflict at large. Moreover, there are state actors that were perpetrators who are still commanding armed forces, which makes it difficult to bring them to court. A review of the current judicial mechanisms is necessary, the speaker concluded. The most important crimes are committed against human rights defenders. Moreover, the Special Jurisdiction for Peace is still recent. Therefore, it was noted that the ICC should continue its assessment on whether the proceedings are genuine and make sure that the alleged crimes committed after the peace agreement are also investigated and prosecuted.
The second speaker continued to note that there is a lot of impunity in the Colombian armed conflict which the ICC and the international community could address. Especially women, LGBTQ and indigenous communities are vulnerable. In a large number of cases concerning LGBTQ victims, perpetrators do not face punishment. The seriousness and lack of resources should be taken into account by the ICC. The perpetrators carry a responsibility over their actions that should not be forgotten. The speaker underlined that a preliminary examination is very important as justice should be strived for.
The third speaker referred to the fact that a lot of the violence against women in Colombia is linked to the armed conflict. Civilians are experiencing sexual violence committed by armed groups. The conflict is about the control of regions and there is a series of human rights violations as a result of this conflict. The link between sexual violence and armed violence has already been seen in previous cases at the ICC. However, the international standards as well as the ICC’s jurisprudence on this issue have not been implemented at the national level. This has resulted in the exclusion and inadequate protection of victims of sexual violence. Positive complementarity is essential for the adoption and implementation of these standards in the national legal framework, the third speaker highlighted.
The fourth speaker stated that there has been an incomplete transition of justice so far. Most victims never saw justice and a large group of the victims is part of the LBGTQ community. The fifth speaker continued by speaking of the fact that an armed conflict has been ongoing in Colombia for many years and that the ICC’s Office of the Prosecutor started its preliminary investigations in 2004. The speaker noted that looking at the crimes committed since that time, there are still situations of absolute impunity. There should be complementarity if the ICC were to assist Colombia in its efforts towards justice. It is still too early to know the results of the Special Jurisdiction for Peace. It was stated that the preliminary examination should continue and should include the alleged crimes committed by high-ranking officials and third parties that have not been recognized as perpetrators.
Impunity means that there has been a preliminary examination, but the perpetrators still need to be prosecuted. A complete transition to justice requires true results that proof success with court outcomes. What has been achieved in the past 15 years against impunity?
The audience posed a question on the role of corruption in relation to the crimes committed in Colombia. The speakers answered that this is one of the aspects of the bigger picture that needs to be taken into account when striving for transitional justice. Moreover, (international) law enforcement collaborations are important to address a macro level of criminality. In any proceedings of transnational justice, there must be accountability.