De la Espriella Administration Seeks Colombia’s Exit From ICC

The government of Abelardo de la Espriella is reportedly considering Colombia’s withdrawal from the International Criminal Court (ICC), a decision that would represent another shift in the country’s foreign and legal policy. The report, revealed Tuesday, August 18, by local outlet Caracol Radio, indicates that sources consulted in The Hague believe Colombia could move toward withdrawing from the Rome Statute, although there has so far been no official confirmation from the president’s office or the Ministry of Foreign Affairs.

Such a decision would have implications extending far beyond a change in international policy. Colombia has been a State Party to the Rome Statute since 2002 and, through it, recognizes the ICC’s jurisdiction over the most serious international crimes. Moreover, any withdrawal would not be immediate: the treaty establishes a one-year period from the formal notification to the United Nations before the withdrawal takes effect.

De la Espriella administration seeks Colombia’s exit from ICC

According to information reported Tuesday, sources in The Hague cited by Caracol Radio consider Colombia’s intention to withdraw from the treaty that created the International Criminal Court to be certain. However, the information remains unofficial.

So far, neither President Abelardo de la Espriella nor the Ministry of Foreign Affairs has announced that the government has submitted to the United Nations the notification required to formally begin the withdrawal process. For that reason, there is still no official date or procedure underway that would allow it to be stated that Colombia has decided to leave the court.

The possibility, however, is consistent with some of the positions De la Espriella defended during his campaign and with the shift his administration has begun to bring to Colombian foreign policy. The new government has sought to strengthen its relations with the United States and Israel and has adopted more critical positions toward international organizations and mechanisms it considers contrary to national sovereignty.

Withdrawal from the Rome Statute would follow a specific procedure. A state that decides to withdraw must submit written notification to the United Nations secretary-general. From that moment, a one-year period begins before the withdrawal takes effect.

This means that even if the De la Espriella government decided to formalize the initiative soon, Colombia would remain subject during that period to the obligations arising from the treaty. The ICC could also retain certain jurisdiction over acts that occurred while the country was bound by the Rome Statute.

Withdrawal would also not automatically erase obligations acquired during the period in which Colombia was a party to the treaty. In other words, withdrawing from the Statute would not mean immediately closing proceedings or investigations related to acts that fall within the court’s jurisdiction.

Impact on transitional justice and the new alignment with Washington

One of the main questions concerns the Special Jurisdiction for Peace (JEP), created following the peace agreement with the FARC and tasked with investigating and prosecuting the most serious crimes committed during the armed conflict.

The ICC does not function as an appeals court for decisions by Colombia’s justice system. Its jurisdiction is complementary and may be exercised when the conditions established in the Rome Statute are met, particularly in situations where it determines that national systems are not genuinely addressing certain crimes.

Therefore, a potential withdrawal would alter the framework for international oversight and cooperation surrounding transitional justice proceedings. The debate could be particularly relevant to investigations involving former FARC members and others responsible for crimes committed during decades of armed conflict.

The possibility of Colombia’s withdrawal from the ICC also comes amid an international context marked by pressure from the United States against the court. Washington has not ratified the Rome Statute, and the administration of Donald Trump has intensified its criticism of the ICC.

Last July, the United States took new steps to weaken the court, and Defense Secretary Pete Hegseth publicly called on Latin American countries to withdraw from the Rome Statute. Days later, during a regional meeting, Hegseth announced that Colombia had requested U.S. cooperation for counter-narcoterrorism operations and noted the country’s incorporation into the so-called Shield of the Americas.