Colombia’s Peace Tribunal on the Brink of Uncertainty

A decade after the Colombian government signed a historic peace accord with the now-defunct rebel group FARC, the Special Jurisdiction for Peace (SJP) tribunal faces an uncertain future. The tribunal, which has been handling crimes related to the conflict, has long been a contentious issue in Colombia, dividing the country.

Colombia’s President-elect Abelardo de la Espriella, endorsed by U.S. President Donald Trump, has described the tribunal as a ‘failed’ court. However, analysts and legal experts warn that dismantling the SJP will not be easy due to constitutional and international safeguards.

The SJP is protected by Colombia’s Constitution and backed by the International Criminal Court (ICC), the leading world court. In 2021, the ICC closed its preliminary examination of Colombia after concluding that the country was meeting its international justice obligations, mainly due to the progress made by the Colombian tribunal.

The Tribunal’s Mandate and Progress

The SJP’s mandate is to investigate war crimes and crimes against humanity until 2028, with an additional five-year period for trials. After this, Colombia’s Congress would decide whether to extend its term by another five years. The tribunal has handled cases involving more than 14,000 suspects accused of crimes committed during the conflict. About 70% of them are former FARC guerrillas, 29% are former members of the security forces, and the rest are civilians.

Alejandro Ramelli, president of the tribunal, emphasized that cutting the tribunal’s budget ‘would seriously affect the fundamental right of access to justice,’ especially for victims of the armed conflict. He pointed to the court’s rulings against FARC’s former leadership for more than 21,000 kidnappings and against a group of former military personnel for more than 100 extrajudicial killings.

In both cases, the FARC and the military acknowledged responsibility and received alternative sentences that did not include prison time but required them to carry out projects benefiting victims. The court has also handed down a 20-year prison sentence to a former soldier who denied taking part in extrajudicial killings.

According to Ramelli, ‘the country simply did not know the full extent of these crimes.’ The SJP’s work has uncovered the true scale of FARC kidnappings, the recruitment of more than 18,677 children, the sexual violence committed by the FARC, and the extrajudicial killings carried out by security forces.

Despite the progress made by the SJP, the tribunal’s future remains uncertain. Colombia’s President-elect has vowed to dismantle it, but analysts warn that this will not be easy due to constitutional and international safeguards.

International Backing and Constitutional Safeguards

The SJP is protected by Colombia’s Constitution and backed by the International Criminal Court. The ICC’s closure of its preliminary examination of Colombia in 2021 was contingent on the SJP continuing its work. If the tribunal is dismantled, Colombia would be in breach of its obligations to the world court.

Colombia has yet to emerge from the cycle of violence as armed gangs continue to fight for control of the profits from drug trafficking and illegal mining, including dissident factions of the FARC, the National Liberation Army (ELN), and the Clan del Golfo cartel.

Supporters of the SJP see it as a landmark that helped end Latin America’s longest-running guerrilla insurgency and hold those responsible for atrocities accountable. Critics, however, argue that the tribunal is biased against former members of the military.

President-elect’s Stance and the Tribunal’s Future

Colombia’s President-elect has vowed to dismantle the SJP, but analysts warn that this will not be easy due to constitutional and international safeguards. Iván Cancino, de la Espriella’s designated justice minister, has stated that he does not intend to eliminate the SJP but will demand results and review its spending.

The outgoing President Gustavo Petro has criticized the SJP during his term, but has also emphasized the importance of establishing the judicial truth about the conflict for national reconciliation. Ramelli has warned that an abrupt termination of the court would result in a legal limbo and undermine the fundamental right of access to justice.

The SJP’s future remains uncertain, and it is unclear whether the tribunal will be able to continue its work or will be dismantled by the incoming government.