(RSF/IFEX) – On 2 September 2002, RSF and the Damocles Network, an organisation that combats impunity, voiced their dismay at Colombia’s decision to deny the International Criminal Court jurisdiction over war crimes. Less than one month after becoming the 77th state to ratify the Rome Statute establishing the court, Colombia has taken advantage of Article […]
(RSF/IFEX) – On 2 September 2002, RSF and the Damocles Network, an organisation that combats impunity, voiced their dismay at Colombia’s decision to deny the International Criminal Court jurisdiction over war crimes. Less than one month after becoming the 77th state to ratify the Rome Statute establishing the court, Colombia has taken advantage of Article 124 of the statute, which allows a country to deny the court jurisdiction over war crimes committed on its territory or by any of its citizens for a period of seven years.
The decision coincides with an escalation in the internal armed conflict in Colombia, where some 40 journalists have been killed in the past 10 years. Colombia is the western hemisphere’s most dangerous country for news media.
“The killing of journalists is encouraged by the inability of the Colombian judicial system to punish those responsible, and now this measure deprives the news media of an important international legal recourse,” said RSF Secretary-General Robert Ménard and Damocles Network Vice-President Jean-Pierre Getti in a joint statement. The two organisations called on Colombian President Alvaro Uribe Vélez to reverse this decision.
On 1 September, the Colombian daily “El Tiempo” reported that the administration of former President Andrés Pastrana took advantage of Article 124 when it ratified the Rome Statute on 5 August, and that it did so in consultation with incoming President Uribe. Article 124 was introduced into the statute at the request of France, which considered that certain of the statute’s provisions left its citizens overly exposed.
Colombia’s decision will have serious consequences for efforts to combat the impunity enjoyed by those who kill journalists. In particular, it will deny the court jurisdiction over hostage-taking and attacks against the civilian population, including journalists.
The International Criminal Court, which came into force on 1 July, is the first permanent international tribunal charged with investigating and trying massive violations of international humanitarian and human rights law. Its responsibilities include investigating the most serious crimes affecting the international community as a whole, namely genocide, crimes against humanity and war crimes.
