To follow up on Tuesday’s post about transitional justice and examining the Legal Framework for Peace …
According to the Inter American Court on Human Rights, there are 218 members of the FARC convicted in absentia for crimes against humanity. Eight of them are members of the FARC Secretariat.
Colombia’s Constitutional Court said the State cannot allow, for any reason, that those who committed grave crimes — extrajudicial killings, torture, forced disappearances, and child recruitment — be given impunity.
Further, Fatou Bensouda, a prosecutor in the International Criminal Court, said, when referring to Colombia, that the grave crimes that matter to the international community — those that violate International Humanitarian Law — should not be left unpunished.
The government of President Santos proposes a referendum to decide the outcome of peace talks. But according to Colombian Attorney General Alejandro Ordoñez, “there cannot be a referendum” due to the FARC’s human rights convictions.
Attorney General Ordoñez also expressed “concern” that the questions for a possible referendum “must first be approved by the (negotiating) table in Havana.”
A referendum is not the FARC’s first choice. In Havana, the FARC insist on a constituent assembly with predetermined quotas which are not voted by the public.
Ordoñez said the FARC cannot pass from terrorists to reform the constitution.
Can peace talks proceed from here?