The Hague welcomes the role played by the special jurisdiction for the peace set up by the agreement signed in 2016 between the government and the FARC guerrillas.
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The International Criminal Court (ICC) will not judge war crimes and crimes against humanity committed by the actors of the Colombian armed conflict. Considering that Colombian justice does its job, it decided to put an end to the opening preliminary investigation seventeen years earlier, as announced, Thursday, October 28, in Bogota, the Attorney General of the ICC, the Britannic Karim Khan. The lawyer emphasized and celebrated the role of the special jurisdiction for peace (JEP) put in place under the agreement signed five years ago with the guerrilla of the Revolutionary Armed Forces of Colombia (FARC).
Colombian president, Ivan Duque, who was present at the side of the Prosecutor, welcomed a “historic” decision of The Hague. For the Head of State, closing its preliminary inquiry, the international court “recognizes the solidity of Colombian institutions”. The opposition reaction and human rights organizations is more mixed.
Proponents of the Peace Agreement and Other Human Rights Defenders point out that the ICC has succeeded the unthinkable: to obtain that President Duque, from the Hard Right, recognize the legitimacy and effectiveness of the special jurisdiction. For peace (JEP). “What is historic, considers the sociologist and opponent Sara Tufano is that the Government of Ivan Duque is obliged to recognize the peace agreement, after attempted by all means to destroy it”.
“Atrocious crimes”
But they are worried about the impact of the withdrawal of the ICC, while human rights violations continue in the country. For the Afro-Columbian environment defender Francia Marquez, “International Justice was the only hope for the victims of seeing the military guilty of atrocious crimes”. The Director for the Americas of the Human Rights Watch (HRW), José Miguel Vivanco, qualifies the decision of the ICC of “premature and erroneous” in view of the context and fragility of the institutions of the country.
At the end of a meeting with President Duque, Mr. Khan said that “Colombia is up to his international obligations,” meaning that Colombian justice acts and that the ICC no longer has to to watch. “I look forward to saying that I can withdraw from the preliminary investigation,” he added. Due since June, the Attorney General said he found, on the occasion of his visit to Colombia, that “real efforts were conducted to close the breach of impunity”.
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