COLOMBIA - DECREE NUMBER 2764 OF 2002 (November 26) promulgating the “Rome Statute of the International Criminal Court”

The President of the Republic of Colombia, by virtue of the powers granted to him under Article 189-2 of the Constitution of Colombia, and pursuant to Law 7 of 1944, and

CONSIDERING,

That, on depositing the ratification instrument, the Government of the Republic of Colombia made the following statements:

"1.None of the provisions of the Rome Statute regarding the exercise of jurisdiction by the International Criminal Court preclude the concession of amnesties, or executive or judicial pardons by the Colombian State with regard to political crimes, provided such a concession is in accordance with the Constitution and with the principles and norms of international law as accepted by Colombia.

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.