Colombia

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Seminar on Command Responsibility and Commission by Omission held on November 4th 2015 in Bogota.

CASE MAPPING, SELECTION AND PRIORITISATION TOOLKIT

The Case Mapping, Selection and Prioritisation Toolkit for Colombia will be implemented until October 2016, with activities having begun in May 2014. It will be freely available to users in Spanish and English. The ICJ Toolkits Project engaged in extensive consultations and review of judicial mechanisms in Colombia, taking into account its status as a preliminary examination country before the ICC Office of the Prosecutor (OTP). In light of this, the CMSP Toolkit will provide publications and services that focus on the indirect liability of the most responsible persons for crimes committed during the protracted conflict in Colombia, as part of the national prioritisation policy.

As a State Party to the ICC, Colombia has been under preliminary examination by the ICC-OTP since June 2004. In its 2012 Interim Report on the Situation in Colombia, the OTP acknowledged that the Colombian conflict had generated high levels of violence and crimes against millions of victims, and that while the Colombian authorities were carrying out a large number of relevant proceedings, it identified a need for greater prioritisation of categories of persons and certain categories of crimes for criminal investigation and prosecution. Equally, through temporary constitutional reforms, Colombia has adopted the “Legal Framework for Peace” (LFP), which enables the adoption of a strategy to prioritise cases against the most responsible for crimes against humanity or war crimes. In September 2013, a Constitutional Court ruling declared the LFP to be constitutional, while issuing a series of directions for the identification of a prioritisation strategy. In October 2012, the Attorney General adopted “Directive 0001 in support of the LFP, establishing a new investigative policy and infrastructure to address the requirements of the LFP.

The CMSP Toolkit will contribute towards this rationalisation of judicial resources, by providing publications and services that address the modes of leadership liability including the requisite means of proof under international criminal law, for the benefit of judicial and prosecutorial staff in Colombia.

Consultation and Review

To ensure that the CMSP Toolkit could provide added value to national judicial efforts to map and prioritize the large number of international crimes in Colombia, a consultation and review of the legal needs and challenges facing national criminal justice actors was undertaken. The Review also took into account the status of Colombia as a preliminary examination country before the ICC. As Colombia has adopted a national case-mapping database, the Toolkit will not include an adaptation of the DOCF, CMN’s case-mapping tool, but will instead focus on publications and services that support the planning, preparation and adjudication of cases within the framework of the Colombian prioritization policy.

Publications: Comparative Chart of Modes of Liability in International and Colombian Criminal Law

Prioritising the most responsible persons for prosecution requires a clear concept and methodology of criminal responsibility, including indirect perpetrators, who planned, co-ordinated or funded the atrocities as well as direct perpetrators. This first publication aims to create a comparative chart of the modes of liability under the ICC Statute and Colombian national law as well as an analysis of the applicable national liabilities for perpetrators of international crimes.

Publications: International Means of Proof Digest for Colombian Modes of Liability for the Most Responsible Persons

To complement the above-mentioned comparative chart of liabilities, a further detailed publication will provide international criminal law jurisprudence on the relevant modes of liability under Colombian law, including the means of proof. This will be based on the rationale and methodology of the ICC Case Matrix Digests and the Case Analysis Toolkit.

Services: Capacity Development Partnership

A series of practical capacity development programmes on the use of these comparative publications will be organised for criminal justice actors tasked with implementing Directive 0001 and the LFP in Colombia. In addition, peer-to-peer exchanges with international criminal law practitioners with experience in adjudicating the most responsible persons will be facilitated.

Colombia Team

Emilie Hunter

Andreja Jerončič

Léa Rambaud


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