Focus: Alleged war crimes committed since 1 November 2009 and alleged crimes against humanity committed since 1 November 2002 in Colombia

Phase 3: Admissibility

Jurisdiction – General status

Colombia deposited its instrument of accession to the Rome Statute on 5 August 2002 together with a declaration pursuant to article 124 excluding war crimes from the jurisdiction of the ICC for a seven-year period. The ICC may therefore exercise its jurisdiction over war crimes committed in the territory or by the nationals of Colombia since 1 November 2009 and over other crimes listed in the Rome Statute committed since 1 November 2002.

Procedural history and focus of the preliminary examination

The situation in Colombia has been under preliminary examination since June 2004. The OTP has received numerous communications under article 15 of the Rome Statute in relation to the situation in Colombia. The preliminary examination focusses on alleged crimes against humanity and war crimes committed in the context of the armed conflict between and among government forces, paramilitary armed groups and rebel armed groups, including the crimes against humanity of murder; forcible transfer of population; imprisonment or other severe deprivation of physical liberty; torture; and rape and other forms of sexual violence; and the war crimes of murder; intentional attacks against civilians; torture; other cruel treatment; outrages on personal dignity; taking of hostages; rape and other forms of sexual violence; and using children to participate actively in hostilities. The preliminary examination also focusses on the existence and genuineness of national proceedings in relation to these crimes.