Colombia’s Peace Tribunal Faces Uncertain Future Amid Political Changes
Amidst the political shifts in Colombia, the future of the nation’s peace tribunal is in question. As the country marks a decade since its government signed a historic peace accord with the now-disbanded FARC rebel group, the tribunal responsible for addressing crimes from the conflict is under scrutiny following the election of a new president.
The Special Jurisdiction for Peace (SJP) is a court established to investigate war crimes and crimes against humanity. It has been a polarizing entity in Colombia, much like the peace agreement with the FARC guerrillas. President-elect Abelardo de la Espriella, who has received backing from former U.S. President Donald Trump, has labeled the tribunal a “failed” institution. However, dismantling the SJP could prove challenging due to protections enshrined in Colombia’s Constitution and backed by the International Criminal Court.
The International Criminal Court ceased its preliminary examination of Colombia in 2021, citing the SJP’s progress in fulfilling international justice obligations as a key reason. Alejandro Ramelli, current president of the tribunal, noted that the closure of this examination hinges on the continuation of the SJP’s operations. Closing the tribunal prematurely could breach Colombia’s international commitments.
The SJP has a mandate to function until 2028, with a possible five-year extension for trials, subject to approval by Colombia’s Congress. Despite the peace accord, Colombia remains embroiled in violence, with factions like the ELN, dissident FARC groups, and the Clan del Golfo cartel vying for control over illicit trades such as drug trafficking and illegal mining.
While the tribunal is hailed by supporters for ending Latin America’s longest guerrilla insurgency and ensuring accountability for atrocities, critics argue it disproportionately targets former military personnel. Since its inception in 2018, the SJP has processed cases involving over 14,000 suspects, including former FARC members, security forces, and civilians.
Iván Cancino, set to become de la Espriella’s justice minister, mentioned on Caracol Radio that while there are no plans to dismantle the SJP, there will be demands for transparency and effective spending.
Outgoing President Gustavo Petro has criticized the tribunal’s budget, emphasizing the need to strengthen it for establishing judicial truths critical to national reconciliation. Ramelli warned that budget cuts could impair access to justice for victims and lead to legal ambiguity.
The tribunal has delivered judgments against FARC’s former leaders for over 21,000 kidnappings and against military personnel for more than 100 extrajudicial killings, with both groups accepting responsibility and receiving alternative sentences that benefit victims.
Ramelli emphasized the importance of the truths uncovered through the judicial process, underscoring the revelation of the scale of FARC kidnappings, child recruitment, sexual violence, and extrajudicial killings by security forces. “The country simply did not know the full extent of these crimes,” he stated, highlighting the tribunal’s role in uncovering these truths.
