The Colombian Situation and the ICC (Transitional Justice)

Published: Aug. 2, 2021, 11:32 p.m.

A New Prosecutor: Third Time Lucky?.  The host for this episode is Jay Fidell.  The guest for this episode is Marialejandra Moreno Mantilla.
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\nIn 2004, the first ICC Prosecutor decided to open a preliminary examination into the Colombian situation, being the longest PE to date. In several reports, the OTP has stated that there is a reasonable basis to believe that war crimes and crimes against humanity have been committed in the country. However, it has not decided to request authorization to open an investigation.
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\nAs part of the 2016 Peace Agreement, Colombia established the Special Jurisdiction for Peace to prosecute conflict-related crimes committed by FARC and State Forces. However, hostilities have continued, as well as the targeting of human rights defenders and former guerrilla members.
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\nIn June, the second ICC Prosecutor published a benchmarking consultation on the Colombia preliminary examination, aiming to develop a roadmap for reaching a determination that the new and third ICC Prosecutor shall take up.