The International Criminal Court recently warned Colombia that any peace agreements, including the Legal Framework for Peace, that are not compatible with the Rome Statute will be reviewed by the office of Fatou Bensouda, the ICC’s prosecutor.
In the past, Bensouda spoke out against the Legal Framework for Peace, a transitional justice strategy that includes prioritization and selection of cases against the most responsible for crimes against humanity or war crimes; the conditioned dropping of all other non-selected cases; and the suspension of selected sentences.
The Legal Framework for Peace exempts from criminal prosecution countless guerrillas and paramilitaries responsible for war crimes and crimes against humanity, and so is seen by many as an amnesty in disguise.
A November 2012 report of the ICC stated: “The Legal Framework for Peace will likely impact the conduct of national proceedings relating to crimes falling under the ICC’s jurisdiction and the admissibility of cases before the ICC, and thus, is of direct relevance for the ongoing preliminary examination of the Situation in Colombia.”
The ICC further stated: “While the Office welcomes the adoption of a national policy to prioritize the investigation and prosecution of cases against those who bear the greatest responsibility for the most serious crimes, it would view with concern any measures that appear designed to shield or hinder the establishment of criminal responsibility of individuals for crimes within the jurisdiction of the Court. … Moreover, bearing in mind the preamble of the Statute, the Office considers that efforts to address large-scale criminality, however challenging, are more likely to contribute to preventing future crimes if as much truth about such crimes as possible is uncovered.” (emphasis mine.)
The ICC also expressed concern about holding the military accountable for cases of false positives, which were the extrajudicial killings of civilians who were then passed off as members of illegal armed groups.
The ICC is equally concerned with cases of sexual crimes committed by all sides.
A march called #PazSinImpunidad (#PeaceWithoutImpunity) is being organized for Saturday, December 13.