Mr Karim A.A. Khan QC, the Prosecutor of the International Criminal Court, signed a Cooperation Agreement with the Government of Colombia on October 28, 2021 in Bogota, renewing the OTP’s commitment to Colombia’s national accountability mechanisms. The Office and the Government will work together to ensure that the tremendous progress made by domestic prosecutorial and judicial entities, particularly the Special Jurisdiction for Peace, is maintained and enhanced. This decision comes in light after the Prosecutor’s visit to Latin America on October 25, 2021.

All rights reserved to @sharkbyteofficialblog

After a comprehensive examination, the Prosecutor is satisfied that complementarity is working in Colombia today. The Colombian government, along with ordinary courts, the Justice and Peace Law Tribunals, the Special Jurisdiction for Peace, civil society, and the Colombian local, deserve praise for their tenacity and commitment in seeking justice and accountability in their drive for peace. As a result of the progress made, the Office has concluded that Colombia’s national authorities are neither inactive, unwilling, nor unable to investigate and punish offences under the Rome Statute.

During his meetings with stakeholders, the Prosecutor stressed that a complementarity evaluation should not and cannot be postponed forever pending the conclusion of all conceivable domestic procedures. The Statute and the Court’s case law, on the other hand, make it plain that the admissibility determination must be made based on the facts as they stand.

As a result, the Prosecutor has decided that the preliminary investigation must be completed. The lack of a preliminary examination, however, does not mean that the Office’s engagement with Colombia or support for the ongoing accountability processes will come to an end. Instead, it ushers in a new era of support and involvement, a prime example of positive complementarity in action. The preliminary examination’s conclusion does not change the fact that much work remains to be done and that the existing institutions must be allowed the space they need to carry out their constitutional tasks. Colombia’s government pledges to continue to provide such support under the terms of the agreement.

The signing of this Agreement, a landmark one between the OTP and a State Party, marks a watershed moment by committing to a range of shared commitments to keep Colombia’s domestic transitional justice processes on track.

The commitments of the Government of Columbia include [i] safeguarding the established constitutional and legislative framework; [ii] preserving and supporting existing accountability structures; [iii] continuing to properly fund and safeguard these structures’ budgets; [iv] protecting their independence and preventing any interference with their functions; [v] ensuring the safety and security of judicial and prosecutorial personnel as a whole; and [vi] promoting full cooperation and coordination between the different State entities involved, including between the Attorney General’s Office and the Special Jurisdiction for Peace. Colombian government have also agreed to update the Prosecutor regularly on the status of domestic investigations and prosecutions. Additionally, they promised to make relevant records and documentation more accessible in conformity with the Rome Statute and Colombian law.

While the OTP, for its part, pledged to help Colombia’s accountability initiatives. Continued conversation and involvement with the Colombian government and state institutions, annual travels to Colombia, sharing of lessons gained and best practises with national justice processes are examples of such efforts.

Because the ICC is a permanent organisation, the Agreement emphasises that the Prosecutor may rethink his determination of complementarity if circumstances change significantly. The pact is legally binding and will last indefinitely. Outside of the preliminary examination, the signing of the Agreement and the subsequent closing of the preliminary examination marks a new beginning, as well as a paradigm shift, allowing Colombia and the Office of the Prosecutor to build on a long-term, sustainable relationship within the framework of the Agreement.

Source: https://www.icc-cpi.int/Pages/item.aspx?name=pr1623