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Updates on Mexico

31 Dec 2005

On October 28th, 2005 Mexico deposited its instrument of ratification with the UN Treaty Office becoming the 100th State Party to the ICC.

On September 7th, the ICC Act was published in the Official Government Newspaper. The ratification process was delayed pending the Senate approval of a constitutional amendment proposed by the Executive Branch. The text of the amendment reads: “The Federal Executive, with the approval of the Senate in each case, will be able to recognize the jurisdiction of the International Criminal Court”.

On 9 December 2004, the House of Representatives approved the constitutional amendment and forwarded the approval to the local legislatures. In order for the amendment to be submitted back to Senate for its subsequent ratification, the majority plus one (i.e. 16) of these legislatures need to approve the amendment.

The constitutional amendment was under the review of the Commission on Constitutional Issues of the House of Representatives. This Commission must issue a legal opinion on the text of the amendment proposed by the Senate.

Once this legal opinion is rendered, the constitutional amendment could be discussed on the floor of the House of Representatives. If the amendment is approved by a two-thirds majority in Congress, it would be submitted to the 32 state congresses for their review. The approval of 16 of these local congresses will be sufficient to amend the Constitution.

On 15 December 2002, the Mexican Senate approved the amendment of Article 21 of the Constitution, which will now allow Mexico to ratify the Rome Statute. This amendment must still be approved by the Chamber of Deputies and then by the Legislature of States (Legislaturas de los Estados).

In October 2002, the Senate began its study of the necessary constitutional reforms in order to ratify the Rome Statute. The Bureau of the Senate issued a directive to the commissions responsible for preparing their legal analyses on ratification to present their respective opinions within ten days.

In September 2002, the ratification bill was submitted by the Executive branch for approval by the Senate.

In February 2002, President Fox declared that his "administration hopes to obtain the Senate's authorization for Mexico to join the International Criminal Court." He added that Mexico is interested in being among the first 60 States to ratify the Rome Statute. At that time, the Senate was discussing reforms to Article 21 of the Rome Statute.

The Executive branch sent the proposal on constitutional amendments to the Congress in December 2001. Approval by the Senate and the Chamber of Deputies would enable ratification by the Federal Congress.

In October 2001, the inter-ministerial working group to study constitutional matters finalized its proposal on constitutional reform needed for ratification. The proposal concerned individual guarantees under the Constitution and recognized the jurisdiction of the international courts, among them, the ICC. The proposal was submitted to Congress, where the ICC has broad support, but the process of amendment could take time.

Previously, following intense consultations among members of the Ministry of Foreign Affairs, the Ministry of Defense, and the Attorney-General's Office, President Ernesto Zedillo signed the ICC Statute.

The consultation involved a discussion of the compatibility of the Statute with the Mexican Constitution focusing on: ne bis in idem (or "double jeopardy"), guarantees of defense, the constitutional prohibition of establishing crimes by analogy, immunities, and the exclusivity of the national judiciary for the prosecution of crimes committed in Mexico. An official announcement has been made that Mexico would consider reform of its penal code and its military justice code.

Mexico abstained in the vote at the Rome Conference; it explained its attitude as a reaction against the role of the Security Council in the future institution.