Abstract
In 2016, a peace agreement was signed between the Colombian government and the largest guerrilla in the country, ‘Fuerzas Armadas Revolucionarias de Colombia’ (FARC). As a result, the Special Jurisdiction for Peace – SJP [Jurisdicción Especial para la Paz – JEP] was created, a domestic criminal court whose main function is to investigate serious human rights violations during the Colombian conflict and accuse those individuals considered as the most responsible. However, there are legal provisions that condition the personal jurisdiction of the SJP in a way that could maintain serious levels of impunity in the country and affect the right to the truth at the same time: state agents who are not members of the public forces will only be tried if they accept the jurisdiction of the SJP voluntarily, something that in practice will certainly not happen. The objective of this thesis is to analyze the possible intervention of the International Criminal Court (ICC) in Colombia with the purpose of prosecuting said state agents that the SJP is not going to take charge of. The study is conducted exploring the discretionary power of the Prosecutor of the ICC, as well as the concept of the 'interests of justice', stated in article 53 of the Rome Statute of 1998.