Columbia
Colombia Ratifies the Rome Statute of the International Criminal Court, and Becomes the 77th to Ratify (Aug 5, 2002)
Signature 10.12.1998
Ratification / Accession 05.08.2002
Reservation / Declaration 05.08.2002
Reservation / Declaration text
Declarations:
1. None of the provisions of the Rome Statute concerning the exercise of jurisdiction by the International Criminal Court prevent the Colombian State from granting amnesties, reprieves or judicial pardons for political crimes, provided that they are granted in conformity with the Constitution and with the principles and norms of international law accepted by Colombia.
Colombia declares that the provisions of the Statute must be applied and interpreted in a manner consistent with the provisions of international humanitarian law and, consequently, that nothing in the Statute affects the rights and obligations embodied in the norms of international humanitarian law, especially those set forth in article 3 common to the four Geneva Conventions and in Protocols I and II Additional thereto.
Likewise, in the event that a Colombian national has to be investigated and prosecuted by the International Criminal Court, the Rome Statute must be interpreted and applied, where appropriate, in accordance with the principles and norms of international humanitarian law and international human rights law.
2. With respect to articles 61(2)(b) and 67(1)(d), Colombia declares that it will always be in the interests of justice that Colombian nationals be fully guaranteed the right of defence, especially the right to be assisted by counsel during the phases of investigation and prosecution by the International Criminal Court.
DO - Article 61 (Confirmation of the charges before trial) ; Article 67 (Rights of the accused)
3. Concerning article 17(3), Colombia declares that the use of the word "otherwise" with respect to the determination of the State's ability to investigate or prosecute a case refers to the obvious absence of objective conditions necessary to conduct the trial.
DO - Article 17 (Issues of admissibility)
4. Bearing in mind that the scope of the Rome Statute is limited exclusively to the exercise of complementary jurisdiction by the International Criminal Court and to the cooperation of national authorities with it,,, Colombia declares that none of the provisions of the Rome Statute alters the domestic law applied by the Colombian judicial authorities in exercise of their domestic jurisdiction within the territory of the Republic of Colombia.
5. Availing itself of the option provided in article 124 of the Statute and subject to the conditions established therein, the Government of Colombia declares that it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by Colombian nationals or on Colombian territory.
DO - Article 124 (Transitional Provision)
6. In accordance with article 87(1)(a) and the first paragraph of article 87(2), the Government of Colombia declares that requests for cooperation or assistance shall be transmitted through the diplomatic channel and shall either be in or be accompanied by a translation into the Spanish language.
DO- Article 87 (Requests for cooperation: general provision)
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on 23 May 2011, the Colombian government announced that it is to present a bill to congress on cooperation and judicial assistance with the ICC. If passed, the bill would ensure that full and effective cooperation with the ICC is enshrined in Colombian law -, as provided for in the Rome Statute and the Rules of Procedure and Evidence of the Court.
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Media Advisory: 16.05.2011
ICC President to sign enforcement of sentences agreement during his visit to Colombia
On 17 and 18 May, the President of the International Criminal Court (ICC), Judge Sang-Hyun Song, is scheduled to visit Bogotá, Republic of Colombia, at the invitation of the President of Colombia, H.E. Mr. Juan Manuel Santos Calderón. On the first day of the visit, President Song and President Santos will sign an agreement on the enforcement of ICC sentences
President Song will use these opportunities to stress that the ICC is a court of last resort and that States, within their national jurisdiction, bear the primary responsibility to ensure accountability for serious crimes of concern to the international community as a whole.
The Office of the Prosecutor, (OTP) an independent organ of the ICC, is conducting a preliminary examination in Colombia, assessing whether genuine national proceedings are being carried out. The ICC President has no part in these activities.
Note on the agreement on the enforcement of sentences:
The Rome Statute, founding treaty of the ICC, provides that sentences handed down by Judges “shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons”.
To date, the ICC has signed agreements on the enforcement of sentences with the governments of Austria, the United Kingdom, Belgium, Denmark, Finland and Serbia.
These agreements provide the legal framework for the possible enforcement of an actual sentence in the future, but they do not entail any obligation on either party – the State or the ICC – for any person sentenced by the ICC to be transferred to the State in question.
