The Colombian Judicial System and the ICC: Elucidating frictional encounters in the Colombian peace process

Abstract: The ICC, which was established in 2002, has come to introduce new legal norms affecting the judicial sovereignty of its member states – a fact that has become especially prominent in regard to states attempting to transition from conflict to peace. With the overarching purpose of contributing to a greater understanding of how the ICC affects and relates to peace processes, this thesis examines the recent Colombian peace process through a qualitative case study. By utilizing the analytical framework of friction, it analyses frictional encounters between the Colombian judicial system and the ICC during the peace process, striving to elucidate tensions between the global institution and the national legal context. Aiming to develop the theory of friction, the thesis additionally introduces three different types of friction: conceptual, normative and jurisdictional friction. The thesis concludes that the ICC has indubitably affected the Colombian peace process to a certain extent. However, as the Colombian judicial system has demonstrated a high level of flexibility and innovation, it has been able to secure agency and shield its judicial sovereignty while insofar complying with the requirements of the ICC. This balancing-act might thus come to reflect a middle path for future peace processes. Lastly, the thesis emphasizes how a disaggregation of the concept of friction can contribute to a more nuanced and developed understanding of the interaction occurring between local and global actors.