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Updates on Colombia

31 Dec 2005

Although Colombian criminal law encompasses most of the crimes covered by the Rome Statute, the government had not begun work on implementing legislation for key areas such as the Military Code of Justice (i.e. provision on superior orders), amnesty for para-militaries and military competences over human rights violations by June 2005. Furthermore, there are apparently no initiatives underway to ensure cooperation with the ICC.

In March 2003, the government was reportedly exploring the possibility of renouncing its declaration on Article 124 of the Rome Statute.

On 30 July 2002, the Constitutional Court of Colombia unanimously approved ratification of the Rome Statute, followed by publication of the law and signature by President Pastrana.

On 5 June 2002, Colombian President Andres Pastrana signed legislation which incorporates the Rome Statute into national law. The approved ratification bill was sent to the Constitutional Court for review and revision.

On 5 December 2001, the Chamber of Deputies passed a constitutional amendment that allowed the ratification of the Rome Statute. Following this approval, in March 2002, the Executive branch submitted a ratification bill to Congress. The proposed formula for revision of the Constitution, agreed by the Executive Branch and the Congress, follows the French model of generic constitutional amendment.

On 20 November 2001, the Chamber of Deputies of the Senate endorsed the Rome Statute, the seventh of the requisite eight votes needed for completion of the ratification process.

In the spring of 2001, the legislative act proposing the incorporation of the ICC Statute into the national constitution was initially presented by a group of Senators from all the political parties. The Senate of Colombia designated Sen. Gustavo Guerra Lemoine to be the official "ponente" (the person that introduces and defends a project of law) of Legislative Act 014-2001, by which Colombia incorporated the ICC Statute into its Constitution, thus automatically authorizing the President of the Republic to deposit the instrument of ratification. The legislative act was approved by the first commission of the Senate on 24 April 2001.

On 23 May 2001, the Senate further approved the legislative act at a plenary, which was the second of the eight consecutive debates. Previously, the Minister of Foreign Affairs and the Minister of Justice created a Commission to study the Statute's compatibility with Colombian legislation. President Pastrana announced that ratification of the Rome Statute would be part of a process of updating Colombian laws and their commitment to human rights, but that it would come after an evaluation of the results of the Preparatory Commission and the enactment of other legislation considered important in the field of human rights. Sources at that time expressed that the way the Rome Statute deals with the issue of life term imprisonment may conflict with the Colombian Constitution.

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		Updates on Colombia 31 Dec 2005 Although Colombian criminal law encompasses most of the crimes covered by the Rome Statute, the government had not begun work on implementing legislation for key areas such as the Military Code of Justice (i.e. provision on superior orders), amnesty for para-militaries and military competences over human rights violations by June 2005. Furthermore, there are apparently no initiatives underway to ensure cooperation with the ICC. In March 2003, the government was reportedly exploring the possibility of renouncing its declaration on Article 124 of the Rome Statute. On 30 July 2002, the Constitutional Court of Colombia unanimously approved ratification of the Rome Statute, followed by publication of the law and signature by President Pastrana. On 5 June 2002, Colombian President Andres Pastrana signed legislation which incorporates the Rome Statute into national law. The approved ratification bill was sent to the Constitutional Court for review and revision. On 5 December 2001, the Chamber of Deputies passed a constitutional amendment that allowed the ratification of the Rome Statute. Following this approval, in March 2002, the Executive branch submitted a ratification bill to Congress. The proposed formula for revision of the Constitution, agreed by the Executive Branch and the Congress, follows the French model of generic constitutional amendment. On 20 November 2001, the Chamber of Deputies of the Senate endorsed the Rome Statute, the seventh of the requisite eight votes needed for completion of the ratification process. In the spring of 2001, the legislative act proposing the incorporation of the ICC Statute into the national constitution was initially presented by a group of Senators from all the political parties. The Senate of Colombia designated Sen. Gustavo Guerra Lemoine to be the official "ponente" (the person that introduces and defends a project of law) of Legislative Act 014-2001, by which Colombia incorporated the ICC Statute into its Constitution, thus automatically authorizing the President of the Republic to deposit the instrument of ratification. The legislative act was approved by the first commission of the Senate on 24 April 2001. On 23 May 2001, the Senate further approved the legislative act at a plenary, which was the second of the eight consecutive debates. Previously, the Minister of Foreign Affairs and the Minister of Justice created a Commission to study the Statute's compatibility with Colombian legislation. President Pastrana announced that ratification of the Rome Statute would be part of a process of updating Colombian laws and their commitment to human rights, but that it would come after an evaluation of the results of the Preparatory Commission and the enactment of other legislation considered important in the field of human rights. Sources at that time expressed that the way the Rome Statute deals with the issue of life term imprisonment may conflict with the Colombian Constitution.