The process of ratification of the 1998 Treaty of Rome, containing the Statute of the International Criminal Court, confirms Colombia's long tradition of acceptance and incorporation into its internal legislation of a significant part of the international human rights and international humanitarian law instruments. The adoption of the Treaty of Rome constitutes an important development in the government's Policy on the Promotion, Guarantee And Defense of Human Rights and the Application of International Humanitarian Law.

The International Criminal Court answers the need for a universal jurisdiction for the investigation and trial of the most serious crimes of concern the international community. It has a precedent in the International Military Tribunals of Nüremberg and Tokio, responsible for investigating and punishing crimes against humanity and war crimes committed during the Second World War. Another precedents include the International Criminal Tribunals set up for the former Yogoslavia and Rwanda, as well as the Joint Tribunal for Sierra Leone.

The International Criminal Court is the instrument par excellence to administer justice in regard of the most serious crimes, and to protect the victims. It enables the international community to exercise power in a rational fashion, which, at the same time, ensures legal certitude and stability in the international legal system.

In Colombia's present situation, the International Criminal Court is a vital tool. In our internal armed conflict, as is the case in every national or international armed conflict, the practice of serious crimes is common, including summary executions, mass murders, torture, arbitrary detentions, enforced disappearance, kidnapping, forced displacement, and bombing raids and indiscriminate attacks on the civilian population. In most cases, those actually or intellectually responsible may go unpunished or suffer only mild punishment for a diversity of reasons. These include work overload in courts, difficulties in gathering evidence or making arrests, lack of resources for investigation, and threats against the life of court officials or witnesses, among others.

The Statute of the International Criminal Court reiterates its condemnation of all barbaric acts committed under pretext, or in the name of the armed conflict. It affords the best opportunity to strengthen the institutions responsible for investigating and trying these crimes. At the same time, and gives us a chance to clearly see the need that we all Colombians have to continue to strengthen our criminal justice system.

On July 17, 1998 the Rome Statute of the International Criminal Court was adopted by 120 votes in favour, 7 against, and 21 abstentions. Colombia voted in favour. On December 10, 1998 the government signed the Rome Statute. In March this year, a Senate group laid before Congress a bill preventing possible incompatibilities between the regulations of the Rome Statute and those of Colombian Constitution, clering the way for the government to introduce a law approving the Treaty, in accordance with the government's powers to present legislative initiatives and conduct foreign relations. This law will be introduced shortly.

The principal feature of the International Criminal Court's jurisdiction is that it shall be complementary to national criminal jurisdictions. The Court may only exercise the jurisdiction normally pertaining to a State Party when the State is unable or unwilling to carry out an investigation or to prosecute. This jurisdiction shall be limited to crimes committed after the entry into force of the Statute in the respective State Party. In accordance with this principle, each state shall reinforce its judicial system, in order to be able to meet not only its internal justice needs, but also the international commitment to investigate, punish and provide reparation, as made through the ratification of the Treaty of Rome.

The Court has jurisdiction with respect to four, weel-defined crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Due to the fact that the three first crimes mentioned above were already defined a diversity of international conventions, the Statute of the International Criminal Court groups the rules together into a single instrument, that is, it codifies them. The crime of aggression is yet to be defined, and therefore the Court may exercise jurisdiction in respect of this crime after it has been defined by the Assembly of State Parties.

The ratification of the Rome Statute constitutes a unique, unrepeatable process for Colombia, for the State and the nation, for its civil society, and for all men, women and children who, in one way or another, have been the victims of the armed conflict and of violence. It has built the basis for an international criminal structure that is legitimate, balanced and universal, for the investigation and punishment of those who commit the most serious violations of human rights, or infringe international humanitarian law, which regulates both international and internal armed conflicts, regardless of position or political affiliation. Furthermore, to all Colombians, and particularly to the families affected by the armed conflict, the Statute of the International Criminal Court is particularly important, for it is an instrument that goes well beyond the traditional idea of reparation as compensation, which is restricted to the financial aspect, for it includes restitution, compensation and rehabilitation.

At a moment in which the Colombian government persists in its effort to push forward a process of negotiation with the insurgent groups, as a peaceful way out of the armed conflict, the ratification of the Rome Statute has a deep meaning. As a matter of fact, the process of negotiation will gain legitimacy before the Colombian and the international communities, as long as human rights and IHL are respected. Respect for international humanitarian law and human rights is the major premise for the construction of peace, and the International Criminal Court is a first-rate instrument for this. Conducts prohibited under the Rome Statute have been considered unacceptable by the majority of states of the world, regardless of race, culture and religion. Therefore, the armed parties must respect the provisions of this Treaty as the only way to preserve their political legitimacy to the eyes of the country, and those of the international community.