The Colombian peace process and the American opposition to the International Criminal Court

 

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By Julián Huertas, LL.M. in International Law, Universidad de La Sabana (Colombia); LL.B., Universidad del Rosario (Colombia). Professor and researcher at Universidad de La Sabana. Email: Julian.huertas1@unisabana.edu.co 

 

The current Colombian peace process between the Government and FARC may deal not only with most visible (national) actors in the conflict but also with the United States. Since 1998, with the “Plan Colombia” program, the US has significantly been involved in the Colombian conflict. This fact can be relevant for establishing the jurisdiction of the International Criminal Court (ICC) over US nationals, though the United States has not accepted it. In the context of a transitional justice plan within the framework of the Rome Statute, a non-rigid approach to amnesties can be the key to solve many of the US and Colombian concerns. This post will analyze the ICC jurisdiction over US citizens in the context of the Colombian peace process and will propose new approaches for the main fear of the United States towards the ICC.

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