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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Kenyan Parliament Approves Withdrawal From ICC

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From: iLawyerblog

http://ilawyerblog.com/kenyan-national-assembly-to-debate-icc-membership/

Kenya’s National Assembly hold an emergency session last September 4th to debate ending Kenya’s membership of the International Criminal Court (ICC). Kenyan MPs have approved  a motion supporting withdrawal from the ICC.

The motion was brought by the Leader of the Majority in Parliament, Aden Duale.

The current President Uhuru Kenyatta and Deputy President William Ruto are facing charges of crimes against humanity for planning and funding violence that followed the national elections in Kenya in 2007-2008 and that killed 1 133 people.

Spokesperson for the ICC, Fadi el Abdallah, has stated that the cases against Mr Kenyatta and Mr Ruto, as well as their co-accused, former radio presenter Joshua Sang, will continue regardless of a withdrawal by the Kenyan State:

“As indicated in the Rome Statute of the ICC, a withdrawal does not have any impact on the open cases nor on the State’s obligations regarding cases that are already open before the ICC.”

He continued,

“[a] withdrawal can be effective only one year after the deposit of the withdrawal notification to the United Nations Secretary General.”

The trial of Mr Ruto is set to start on 10 September with Mr Kenyatta’s to follow from 10 November.

More information: Kenya MPs vote to withdraw from ICC