Identifier
Created
Classification
Origin
07BOGOTA7671
2007-10-24 22:06:00
CONFIDENTIAL
Embassy Bogota
Cable title:  

GOC'S POSSIBLE SHIFT ON INTERNATIONAL CRIMINAL

Tags:  PHUM PGOV KJUS CO 
pdf how-to read a cable
VZCZCXYZ0000
RR RUEHWEB

DE RUEHBO #7671 2972206
ZNY CCCCC ZZH
R 242206Z OCT 07
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC 9755
INFO RUEHCV/AMEMBASSY CARACAS 9460
RUEHLP/AMEMBASSY LA PAZ OCT LIMA 5554
RUEHQT/AMEMBASSY QUITO 6187
RUEHGL/AMCONSUL GUAYAQUIL 4136
RHMFISS/CDR USSOUTHCOM MIAMI FL
C O N F I D E N T I A L BOGOTA 007671 

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/22/2017
TAGS: PHUM PGOV KJUS CO
SUBJECT: GOC'S POSSIBLE SHIFT ON INTERNATIONAL CRIMINAL
COURT PROVISION

Classified By: Political Counselor John S. Creamer. Reason: 1.4(b,d)

-------
SUMMARY
-------

C O N F I D E N T I A L BOGOTA 007671

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/22/2017
TAGS: PHUM PGOV KJUS CO
SUBJECT: GOC'S POSSIBLE SHIFT ON INTERNATIONAL CRIMINAL
COURT PROVISION

Classified By: Political Counselor John S. Creamer. Reason: 1.4(b,d)

--------------
SUMMARY
--------------


1. (C) During an October 17 meeting with Luis Moreno Ocampo,
chief prosecutor of the International Criminal Court (ICC),
President Uribe suggested the GOC would revisit whether to
continue delaying the application of the ICC war crimes
provision. The GOC exempted itself from the provision for
seven years when it ratified the Rome Treaty in 2002. The
GOC also raised with Moreno the prospect of the ICC indicting
FARC, ELN or AUC members on narco-terrorism charges. Peace
Commissioner Restrepo said both moves are designed to show
the FARC and ELN they will not be able to escape justice
through a peace accord. End Summary

--------------
GOC SIGNALS POSSIBLE SHIFT
--------------


2. (U) After meeting with ICC Chief Prosecutor Luis Moreno
Ocampo, President Uribe publicly said the GOC should revisit
whether to continue delaying the application of the ICC war
crimes jurisdiction. Colombia availed itself of article 124
of the treaty to exempt itself from the war crimes provision
for seven years, when it ratified the treaty in 2002. Uribe
said that since Colombia already participates in other
international tribunals, such as the Inter-American Human
Rights Commission and the Inter-American Court, there was no
reason to delay full ICC jurisdiction. Colombia delayed
application of the war crimes provision because it feared it
would be an obstacle to a peace process with the FARC or ELN.
Both groups demand a complete amnesty as part of any peace
accord.


3. (C) GOC High Commissioner for Peace Luis Carlos Restrepo
said the GOC has received little support from the Europeans
and human right groups in its effort to convince the ELN that
a complete amnesty is no longer possible under international
law. He had urged Uribe to reconsider the delay to show the
FARC and ELN that they would not be able to escape justice
issues through a peace accord. Restrepo said he also raised
with Moreno the possibility of the ICC indicting FARC, ELN or
paramilitary members on narco-terrorism charges. Moreno said
the court would look at the issue.


4. (U) Moreno told the press that regardless of the war crime
exemption, the ICC already has jurisdiction over crimes
against humanity committed in Colombia. Under the ICC, he
stressed, there cannot be amnesties or pardons for those
responsible for grave human rights violations--even as part
of a peace process. Moreno said the ICC is following the
Justice and Peace Law process closely, and urged Colombian
prosecutors to focus their efforts on paramilitary leaders
rather than rank-and-file members. He added that while the
ICC forbids impunity, the treaty does not address the length
of sentences that should be imposed for specific offenses.
Brownfield