A decade after Colombia's peace accord with the Revolutionary Armed Forces of Colombia (FARC) rebels, the tribunal established to handle crimes related to the conflict faces an uncertain future. President-elect Abelardo de la Espriella, who has been endorsed by U.S. President Donald Trump, has described the Special Jurisdiction for Peace (SJP) as a "failed" court and vowed to dismantle it.
However, analysts and legal experts suggest that dismantling the SJP will not be straightforward due to constitutional protections and international backing. The tribunal is enshrined in Colombia's Constitution and is supported by the International Criminal Court (ICC). The ICC closed its nearly two-decade preliminary examination of Colombia in 2021, citing the progress made by the SJP in fulfilling the country's international justice obligations.
Alejandro Ramelli, president of the SJP, told The Associated Press that the ICC's closure was contingent on the SJP's continued work. He warned that closing the tribunal prematurely would place Colombia in breach of its obligations to the ICC.
The SJP's mandate is to investigate war crimes and crimes against humanity until 2028, with an additional five-year period for trials. After that, Colombia's Congress would have the authority to decide whether to extend its term by another five years.
Colombia continues to grapple with violence from armed groups, including FARC dissident factions, the National Liberation Army (ELN), and the Clan del Golfo cartel, who are fighting for control of drug trafficking and illegal mining profits.
Supporters of the SJP view it as a crucial mechanism that helped end Latin America's longest-running guerrilla insurgency and hold perpetrators of atrocities accountable. Conversely, critics argue that the tribunal exhibits bias against former military personnel.
Since beginning operations in 2018, the SJP has handled cases involving over 14,000 suspects. Approximately 70% of these are former FARC guerrillas, 29% are former members of the security forces, and the remainder are civilians.
Iván Cancino, who is designated to be de la Espriella's justice minister, stated on Wednesday that his intention is not to eliminate the SJP but to demand accountability for its results and review its expenditures. This contrasts with earlier indications of dismantling the court.
Outgoing President Gustavo Petro has previously criticized the SJP. This week, he posted on X, formerly Twitter, that the tribunal's budget "must be strengthened," and that "establishing the judicial truth about the conflict is fundamental to national reconciliation."
Ramelli emphasized that reducing the tribunal's budget "would seriously affect the fundamental right of access to justice," particularly for victims of the armed conflict. He added that an "abrupt termination" of the court would lead to a legal void.
The SJP has issued rulings against former FARC leadership for over 21,000 kidnappings and against former military personnel for more than 100 extrajudicial killings. In these cases, both the FARC and the military acknowledged responsibility and received alternative sentences that included victim-focused projects instead of prison time.
Ramelli highlighted the court's findings, stating, "We now know 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. The country simply did not know the full extent of these crimes."