Argentina investigates Álvaro Uribe for war crimes and crimes against humanity in Colombia: universal justice makes progress in Latin America
In July 2024, the Argentinean justice system took an unprecedented step in the region by admitting a criminal case against former Colombian President Álvaro Uribe Vélez for his alleged responsibility in extrajudicial executions committed during his term in office. The recognition of victims and human rights organizations as civil parties, thanks to the decision of a federal court in Buenos Aires, positions Argentina as one of the few Latin American countries to actively apply the principle of universal jurisdiction.
The case in question focuses on one of the darkest chapters of the Colombian armed conflict. The “false positives”, the practice of which consisted of the systematic murder of thousands of civilians by the army, later presented as guerrillas killed in combat. In almost the entire Colombian territory, between 2002 and 2008, at least 6,000 people, mostly young people from lower class and marginalized neighborhoods, were recruited and executed under the idea of having a better future for themselves and their families.
Álvaro Uribe, during his presidency between 2002 and 2010, promoted the “Democratic Security” policy, a military strategy that prioritized operational results in the fight against the guerrillas. Under this model, the armed forces received incentives to report enemy casualties, which would have generated institutional pressure that stimulated illegal executions to inflate the numbers. The documented cases show a repeated pattern: young men were recruited with false job offers, killed by soldiers, and their bodies manipulated to simulate human casualties in armed combat.
The alleged involvement of the former president is not limited to his hierarchical position as “commander in chief of the armed forces”, but points to an alleged prior knowledge of the criminal practice and his failure to prevent or punish it. The denunciations by family members, media and organizations were recurrent during his term, but Uribe not only ignored the facts, but continued to demand more military results.
In addition, the Office of the Prosecutor of the International Criminal Court (ICC) closed a preliminary examination on “false positives” in 2021 after signing an agreement with the Colombian government, leaving victims with no options at the international level. As a result of the peace process, the Special Jurisdiction for Peace (JEP) has prosecuted dozens of military personnel, including high-ranking generals, but its jurisdiction does not extend to former presidents. However, the federal prosecutor asked this entity and other Colombian authorities to cooperate in order to include information in this regard.
Faced with this situation, on November 7, 2023, a group of victims and three Colombian organizations (CSPP, CAJAR and CJL) filed a complaint against Álvaro Uribe in front of the Argentine courts, invoking universal jurisdiction.
The complaint was assigned to Federal Court No. 2 of Buenos Aires, where the information provided on any open investigation in relation to the alleged facts helped the court to finally, in July 2024, grant the complainants the status of victims within the criminal proceedings, which gives them full legitimacy to actively intervene in the case. This recognition not only allows them to present evidence and request proceedings, but also opens up the possibility of broadening the scope of the investigation, including the identification of victims not yet registered and the location of their relatives through the intervention of specialized experts.
In a regional scenario marked by the lack of accountability in State crimes, the ruling of the Argentinean justice system represents a sign of hope for those who seek justice beyond its borders.
David Cañón Galán, FIBGAR collaborator.
