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Chile and the ICC

22 June 2006

Dear friends,

Find below information on Chile and the developments in the ICC ratification
process.

Note that the articles below are in Spanish language and the translations
are provided by the CICC as a service to our members and should not be
quoted in any official document.

Best regards,

Mariana Rodriguez Pareja
CICC

Background information: CHILE AND THE ICC
[Informal summary by the CICC]

Chile is the only Spanish-speaking country in South America that is not yet
a State Party to the Rome Statute, even though it participated very actively
in the ICC process and signed the treaty on September 11, 1998.

In April 2002, the Constitutional Court in Chile ruled that a constitutional
amendment was needed in order to ratify the ICC Statute. Under Lagos'
administration, the Executive has expressed Chilean support to the ICC
Statute on several occasions, and even the Minister of Foreign Affairs S.E.
Walker urged the Senate to approve the amendment that the Executive had
drafted and submitted. On October 4, 2005, the Constitution, Legislation and
Justice Commission of the Senate approved the constitutional amendment that
allows for ICC ratification by Chile. The approval of this amendment is
another step in the ratification process.

On Sept 27, 2005 Presidential candidate (prior to winning the election)
Michelle Bachelet publicly announced support for the ICC. MFA Walker and Ms.
Bachelet urged the Senate to ratify the constitutional amendment. Ms.
Bachelet - who was the former Health Minister and Defense Minister in the
Lagos' administration - was sworn in as Chile's first female President on
March 11, 2006. Representatives from the European Union in Chile met with
the Chairman of the Senate Eduardo Frei on April 10, 2006 urging ICC
ratification. "The Chairman [of the Senate] was very nice to us. We are
hopeful Chile will ratify the ICC in three of four months", said Ambassador
Howadts (Austria) after the meting with Frei. On May 3rd, after a short
visit to the United States, the Minister of Foreign Affairs HE Alejandro
Foxley met with the members of the Constitution, Legislation and Justice
Commission of the Senate and agreed that the constitutional amendment
proposed by Lagos' Administration would be approved, so that Chile could
ratify the ICC treaty. The Chilean Minister of Defense Ms.
Vivianne Blanlot stated on May 6, 2006: "It is not acceptable subscribing to
any bilateral agreement on special immunities before the ICC with the US".
She insisted that "there are no possibilities; we will not negotiate with
the US".

NEWS

1. Miami Herald (USA) "Chile aprobará corte internacional pese a EEUU"-
18 Jun 2006
http://www.miami.com/mld/elnuevo/news/world/americas/14849278.htm
Chile will ratify the International Criminal Court, despite the US, stated
MFA Foxley in an interview with the press. "It will be approved. And I think
that the US will have to face that fact", stated Foxley in an interview with
El Mercurio.

2. Crónica (México) "Chile ratificará Tribunal Penal pese a eventuales
sanciones EU"- 18 Jun 2006 http://www.cronica.com.mx/nota.php?id_nota=246820
Foxley said that "it will be absurd if the US sanctions Chile because of the
ICC ratification", because Chile is "a US-friendly country" and [if that
happens] "nobody will understand in Chile, in Latin America or even in
Europe."

3. Diario El Mercurio (Chile) "Canciller Alejandro Foxley: "Si Bolivia
introduce elementos hostiles, el diálogo se hará más difícil" - 18 Jun 2006
http://diario.elmercurio.com/2006/06/18/reportajes/_portada/noticias/9559BB6
1-D17A-468E-9DAD-FF6ECE4930F2.htm
"Question: Will Chile approve the International Criminal Court regardless of
the sanctions that the US could impose?
Answer Foxley: We are calmed by and pleased with the meeting we had with
President Bush. The relationship between both countries is great...
Q-... But have you discussed about the ICC in that meeting?
A- We discussed it, but in a positive way, referring to the fact that they
are considering modifying the law that introduces sanctions. And not only
had the White House said that, it was also reaffirmed by parliamentarians,
republicans and democrats.
Q - So, the government will approve the ICC treaty, trusting that the US
will not sanction Chile?
A- To be honest with you, [the process of ICC ratification] is a sovern
decision of the government of Chile, and has overwhelming parliamentarian
support.
Q- So, therefore, it will be approved.
A- It will be approved. And I think that the US will have to face it. [...]
Q- What would you say to the Armed Forces, who are worried about the
possible sanctions in terms of military aid?
A- The Ministry of Defense coordinates the relation between the government
and the Armed Forces, so, in case in the not probable scenario [that the US
sanctions Chile], we can have an alternative plan. that is being drafted, so
that we do not lose supplies, etc [...]"

5. El Morrocotudo (Chile) "Chile Ratificará Corte Penal Internacional" -18
Jun 2006 http://www.elmorrocotudo.cl/admin/render/noticia/4600
MFA Foxley stated "We will approve [the ICC Statute]. And I think the US
will have to face that fact".

Other related links in Spanish:

6. Hispalibertas (Spain) "Chile ratificará el Tribunal Internacional
Penal"- 20 Jun 2006
http://www.hispalibertas.com/noticias/2006/06/20/chile-ratificara-el-tribuna
l-internacional-penal.html
7. Diario Región (Venezuela) "Chile ratificará Corte Penal"- 20 Jun 2006
http://www.diarioregion.com.ve/verDetallesinternacional.php?id=2405
8. Prensa (Panamá) "chile. EU AMENAZA CON SANCIONES"- 19 Jun 2006
http://www.prensa.com/hoy/mundo/640948.html
9. ABC (Paraguay) "Chile ratificará tratado que crea el TPI"- 19 Jun 2006
http://www.abc.com.py/articulos.php?pid=259800
10. BBC Mundo (United Kingdom) "Chile ratificará Corte Penal"- 19 Jun 2006
http://news.bbc.co.uk/hi/spanish/latin_america/newsid_5093000/5093444.stm
11. Europapress (Spain) "Chile.- Chile ratificará la Corte Penal
Internacional, a pesar de la oposición de EEUU, según ministro de
Exteriores"- 19 Jun 2006
http://www.europapress.es/europa2003/noticia.aspx?cod=20060619030210&tabID=1
&ch=69

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