Colombia’s demobilized FARC rebel group has requested a meeting with the chief prosecutor of the International Criminal Court (ICC), claiming that a war crimes tribunal is in danger.
According to the former guerrillas, a decision by the Constitutional Court to shield politicians and businesses from being obligated to appear before a post-conflict tribunal “opens the door to impunity.”
In a peace deal closed with the administration of President Juan Manuel Santos last year, the FARC agreed to appear before the transitional justice system in efforts to end to more than half a century of armed conflict.
Everything you need to know about Colombia’s transitional justice system
The high court recently approved the transitional justice system, but allowed politicians and businesses who are accused of war crimes to appear on a voluntary basis.
According to FARC leader Rodrigo Londoño, “the ruling of the Colombian Court opens the door to impunity, in a clear mockery of the rights of victims.”
The guerrillas are not the only party that committed war crimes during Colombia’s bloody conflict. Powerful politicians and businessmen have also been accused of human rights violations.
These alleged war criminals have been enabled to evade Special Jurisdiction for Peace (JEP) by the high court, according to Londoño, who is also known as “Timochenko.”
The Special Jurisdiction for Peace was conceived as an exceptional mechanism of transitory justice, whose objective was not only to put an end to the conflict, but above all to ensure that the impunity prevailing in Colombia in regards to state crimes and serious violations of international law by third parties in the conflict came to an end.
FARC president Rodrigo Londoño
The president of the newly-founded FARC political party reiterated his organization’s commitment to the transitional justice system, but demanded all sides be judged.
The court ruling excluded non-military state agents and third parties responsible for serious crimes from the obligation to submit to the JEP, leaving their judgment to ordinary justice, which in more than fifty years of conflict played the role of instrument of war of the State, hardly applying its rigor to its detractors.
FARC president Rodrigo Londoño
Londoño said he wanted to make sure that the ICC, which has already demanded justice for war crimes committed by the military, is aware of the importance of trying war crimes committed by non-combatants like politicians and businesses that sponsored anti-communist paramilitary groups.
Additionally, the FARC leader warned the ICC over amendments made in the Senate that would disqualify elected judges with experience in criminal cases related to the conflict.
Colombia’s senate approves war crimes tribunal and truth commission
We hope the International Criminal Court considers how the Constitutional Court ruling on the JEP and the last minute changes made in the Congress of the Republic, destroy key elements highlighted by international experts for their subjection to international legislation on the war crimes and crimes against humanity.
FARC president Rodrigo Londoño
The president has already called on the House of Representatives to undo the controversial amendments proposed by Radical Change, the party of former Vice-President German Vargas.
The transitional justice system was initially expected to take force this months.
Its ratification by congress has been delayed by concerns in the private sector and the ruling class about their use of terrorist groups to keep the guerrilla group at bay.
The request to meet with ICC chief prosecutor Fatou Bensouda is unprecedented as the United States continues to consider the FARC a terrorist groups.
The Marxist group was founded by communist farmers in 1964 in an attempt to overthrow the state. Since then, more than 265,000 people have been killed.
