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Chile and the ICC

04 May 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,

Mariana Rodriguez Pareja
CICC

CHILE AND THE ICC

Background: Chile is the only Spanish-speaking country in South America that is not yet 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 ruled that a constitutional amendment was needed in order to ratify the ICC Statute. Under Lagos’ administration, the Executive has expressed in several occasions their support to the ICC Statute, and even the MFA S.E. Walker urged the Senate to approve the amendment drafted and submitted by the Executive. On October 4, 2005 the Constitution, Legislation and Justice Commission of the Senate approved the constitutional amendment that enables the ICC ratification by Chile. The approval of this amendment is another step in the ratification process. It was informed on Sept 27, 2005 that the at-that-time candidate Michelle Bachelet publicly supported the ICC. MFA Walker and Ms. Bachelet urged the Senate to ratify the Constitutional Amendment. Ms. Bachelet -former Health Minister and Defense Minister to Lagos' administration- sworn in as Chile's first woman 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 the 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. The Ambassadors from Austria, Finland and the EU were satisfied with Frei's response and said that "Chile is an important ally to us and we share common beliefs". On April 13, 2006, several local newspapers informed that the Deputy Chairman of the Senate Jaime Naranjo (PS) "was concerned about the delay in the ICC ratification" and even asked President Bachellet for "clarifications on what is being discussed with the US regarding the ICC."
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 the Constitutional Amendment proposed by Lagos Administration would be approved, in order to ratify the ICC Statute.

1. El Mostrador (Chile) “Gobierno logra acuerdo para suscribir Tribunal Penal Internacional” – 3 May 2006 http://www.elmostrador.cl/modulos/noticias/constructor/noticia_new.asp?id_no
ticia=187067
The working session between the MFA and the members of the Constitution, Legislation and Justice Commission of the Senate concluded with the agreement to approve the Constitutional amendment needed to ratify the ICC.
The MFA Foxley said "we will check with all the Parliamentarians and make sure Chile's ICC Ratification happens some time soon". He also agreed to speed up the implementation process

2. La Segunda (Chile) “Gobierno logra acuerdo del Congreso para ratificar
TPI”- 3 May 2006
http://www.lasegunda.com/ediciononline/cronica/detalle/index.asp?idnoticia=2
78060
The Government and the Constitution, Legislation and Justice Commission of the Senate agreed to take all the necessary measures to assure the approval of the constitutional amendment needed to ratify the Rome Statute of the International Criminal Court. Neither the Minister nor the Parliamentarians spoke about time frames, but some sources inform the vote will happen in around 10 days.

3. La Tercera (Chile) “Gobierno alcanza acuerdo para ratificar en el Senado tratado de Tribunal Penal Internacional”- 3 May 2006 http://www.tercera.cl/medio/articulo/0,0,3255_5664_205344719,00.html
Foxley explained the crimes contained in the Rome Statute are not legislated in Chile and they should be incorporated.


Related articles in Spanish:

1. Ansa (Italy) “ACUERDO PARA AVANZAR EN REFORMA”- 3 May 2006 http://www.ansa.it/ansalatina/notizie/notiziari/chile/20060503184433907218.h
tml
2. 24 Horas (Chile) “Chile ratificará Tribunal Penal Internacional”- 3 May
2006 http://www.24horas.cl/detalle.aspx?IdC=200820&IdS=1

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