Although the government has not stated its reasons for rejecting the court's jurisdiction during this period, the move appears intended to bolster the government's bargaining power in eventual peace negotiations.

"This step looks like a prelude to impunity, via some kind of amnesty law," said José Miguel Vivanco, executive director of Human Rights Watch's Americas Division. "At the moment, peace has never seemed further off, and this dispensation will only encourage more horrific abuses against civilians to occur. President Uribe can reverse the declaration at any time, and he should do so now."

Colombia ratified the ICC's treaty on August 5. Unbeknown to the general public, it introduced a declaration under Article 124 of the statute, a transitional provision that allows state parties to reject the court's jurisdiction for a seven-year period for crimes covered under Article 8 of the statute. Article 8, which covers war crimes, includes crimes like intentional attacks on the civilian population, hostage-taking, summary executions, torture and the recruitment of children under 15.

The Article 124 declaration was not made public at the time of Colombia's ratification, nor was it discussed in the Colombian Congress. According to a foreign ministry statement on September 2, "Congress was aware of this possibility and presented no objection at the time." But Colombia's ambassador to the United Nations, Alfonso Valdivieso, admitted Congress "probably didn't know" about the government's plans.