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Ratification Digest II: Latin America

14 May 2009

Dear all:

Please find below the second part in the two-part digest with information about recent developments around the world regarding the ratification and implementation of the Rome Statute of the International Criminal Court (ICC).

The following digest includes articles concerning recent developments in Latin America which we have received from diverse sources including international news agencies and local newspapers. All of the translations below are informal and provided by the CICC as a service to its members.

Please note that this digest is not exhaustive and does not represent the views of all parties concerned. We will continue to provide the most inclusive information as it becomes available. Note that all translations have been informally provided by the CICC Secretariat.

For more information on these developments, please contact CICC Director of
Regional Programs Brigitte Suhr ([email protected]).

Regards,

CICC Secretariat

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LATIN AMERICA

1. BRAZIL

On 23 September 2008, the draft bill to implement the Rome Statute in the national legislation of Brazil, which includes both complementarity and cooperation obligations, was submitted to Câmara dos Deputados, the lower house of the National Congress of Brazil. After approval in this house, the bill will be discussed in the Senado before final ratification by the President. In 2007, another bill had been submitted to Câmara dos Deputados. Both bills are being analysed in a joint process.

Amnesty International analysed the 2008 bill and produced a document with detailed comments available on the organization's website in Portuguese and English.

Portuguese: http://www.amnesty.org/en/library/asset/AMR19/005/2009/en/f029aec1-c731-4cd4-93fb-fbfc45c4226f/amr190052009pt.html

English: http://www.amnesty.org/en/library/asset/AMR19/005/2009/en/bcc0e8fe-869b-41b5-9d67-f32aec67739d/amr190052009en.html

Visit: http://www.amnestyusa.org/document.php?id=ENGAMR190052009&lang=e

Câmara dos Deputados: http://www2.camara.gov.br/proposicoes

2. EL SALVADOR

i. "Instan a presidente electo salvadoreño a adoptar Estatuto de Roma," Notimex, 7 April 2009
http://www.laprensagrafica.com/el-salvador/lodeldia/27069-instan-a-presidente-electo-salvadoreno-a-adoptar-estatuto-de-roma.html

"The Comisión de Derechos Humanos de El Salvador (CDHES) urged the elected President, Mauricio Funes, to join the International Criminal Court to stop the perpetration of mass crimes.

The Chairman of the NGO CDHES Miguel Montenegro said that the Alianza Republicana Nacionalista - the former government - did not consider ratifying the Rome Statute. 'We think that the new government should consider ratifying international treaties, including the Rome Statute of the ICC.' The new government will take office on June 1st, 2009.

2- "CDHES presenta documento relacionado al estatuto de Roma," Diario Co Latino, 8 April 2009
http://www.diariocolatino.com/es/20090408/nacionales/65605/

"According to the Chairman of CDHES Miguel Montenegro, his organization has been working for several years towards ICC ratification and human rights in general.

'We have always worked for the respect of human rights (.) and if the Salvadorian state ratifies the Rome Statute it'll be a clear sign of interest for the defense and promotion of human rights,' said Montenegro.

'We urge the elected-President Mauricio Funes to- once in office- seek the ratification of the Rome Statute,' said Montenegro.

The Comisión de Derechos Humanos de El Salvador (CDHES), CICC Member, asked the soon-to-be President Mauricio Funes to join the ICC. The Chairman of the NGO CDHES Miguel Montenegro told reporters that the previous governments did not take into account the Rome Statute, the founding treaty of the ICC. 'We think that our new government should take into consideration international treaties and once in office, they should ratify the ICC,' added Montenegro. He recalled that during the campaign, Funes expressed his intention to ratify the ICC."

3. NICARAGUA

1- "Corte Penal realiza cabildeo en Nicaragua," El Diario Nuevo, 28 April 2009
http://www.elnuevodiario.com.ni/politica/46398

"MPs of the Asamblea Nacional invited members of the ICC to explain the functioning of the Court. (.)

The President of the ASP, the Ambassador Christian Wenaweser said there is not yet any agreement on the definition of the crime of aggression. The definition will be adopted by consensus at the Review Conference in Kampala, Uganda.

The Argentine Senator Marita Perceval- Member of Parlamentarians for Global Action (PGA) - said that the ICC is a tool to prevent the commission of crimes against humanity. (.)"

2- "Misión de CPI promueve adhesión de Nicaragua a tribunal," Univision, 28 April 2009
http://www.univision.com/contentroot/wirefeeds/noticias/7940465.html

"An ICC mission visits Nicaragua with the goal of inviting the national authorities to subscribe to the Rome Statute, the founding treaty of the ICC.

The delegation is headed by Christian Wenaweser, President of the ASP, who interviewed with judges of the Supreme Court of Justice, according to a media release. (.)"

3- "The participation of Nicaragua in the ICC is fundamental for the definition of the crime of aggression," 27 April 2009 (jn Spanish)
http://www.coalitionfortheicc.org/documents/PGA_Comunicad_de_Prensa_Agresion_Nicaragua.pdf

4- "Aún no firmamos estatuto contra los crímenes de guerra," El Nuevo Diario, 29 April de 2009
http://www.elnuevodiario.com.ni/politica/46497

" Argentine Senator Perceval- member of PGA- visits Nicaragua to explore the possibility of the country acceding to the ICC, the first permanent court to prosecute crimes against humanity, war crimes and genocide.

'We are leaving Nicaragua hopeful that the country will become a party to the ICC. We had fruitful meetings with MPs, the Supreme Court of Justice and the Solicitor General,' said Perceval.

See also:
"Noticias Generales," Nicaragua Hoy, 29 April 2009
http://www.nicaraguahoy.info/dir_cgi/topics.cgi?op=view_topic;cat=NoticiasGenerales;id=56997

4. NEGOTIATION BETWEEN CENTRAL AMERICA AND THE EUROPEAN UNION

1. "Definen nuevo calendario para Acuerdo de Asociación," La Nación, 25 de April de 2009
http://www.nacion.com/ln_ee/2009/April/25/economia1944323.html

"The Central American group and the European Union are committed to finishing the negotiations for the association agreement. In order to achieve this goal, both blocks agreed to meet at least four more times.

(.) Several political issues are included in the agenda, including the accession to the International Criminal Court. (.)"

2. "Cooperación de Unión Europea al país no está condicionada," Diario Co Latino, 21 March 2009
http://www.diariocolatino.com/es/20090321/nacionales/64999/

" (.) On the issue of the new government in El Salvador, we expect the negotiations to end in May and that the new president, Mr. Funes, will approve (or not) the terms of the new association agreement," said an EU official.

(.) In terms of the Rome Statute's ratification, Luis Yañéz Barnuevo, Head of the EU Observer Mission, said that the EU 'would like El Salvador to ratify the Rome Statute."

See also:

a-"Delegados dicen que la UE vería "con agrado" la adhesión de El Salvador a la Corte Penal," EFE, 17 March 2009
http://www.soitu.es/soitu/2009/03/17/info/1237322300_563025.html

5- CHILE

1. "Senado aprobó tipificar delitos de genocidio y lesa humanidad," La Nacion de Chile,
7 April 2009
http://www.lanacion.cl/prontus_noticias_v2/site/artic/20090407/pags/20090407201848.html

"By unanimous vote, the Chilean Senate approved the Draft Bill 6406-07 that aims to incorporate crimes against humanity, the crime of genocide and war crimes into national legislation- this is the first step towards ICC ratification.(.)The bill has to be transmitted to the Chamber of Deputies. (.) The bill incorporates in the national system the definitions of the crimes provided in the Rome Statute of the ICC.
(.) The text has to be discussed by the Chamber of Deputies. (.)"

2. "Senado aprueba tipificar delitos de genocidio y lesa humanidad," La Segunda, 7 April 2009
http://www.lasegunda.com/ediciononline/cronica/detalle/index.asp?idnoticia=477573

"The Senate approved the draft bill that implements genocide, crimes against humanity and war crimes into the national legislation and provides the sanctions for those who commit these crimes. The draft bill was endorsed by parliamentarians from different political parties and was submitted to the Chamber of Deputies. This piece of legislation is fundamental for ICC ratification.

After the vote, the MP and Chairman of the Constitutional Affairs Commision of the Senate Mr Alberto Espina said that this bill "is an advance for our domestic legislation because it implements the gravest crimes into our system."

'The ICC will not prosecute past atrocities; it provides that crimes under its jurisdiction do not fall under the statute of limitations and points out that it will be applicable after the entry into force,' he added.

The Minister of the Presidency José Antonio Viera Gallo highlighted that 'this vote constitutes an important step not only for the acknowledgement of these types of crimes in our domestic system, but also because it is critical for the approval of the ICC statute.'
It is important to note, nevertheless, that the ICC is non-retroactive. (.)"

See also:

a- "El Parlamento chileno aprueba ley que tipifica los crímenes de lesa humanidad,"
7 May 2009
http://www.adn.es/sociedad/20090506/NWS-3084-Parlamento-humanidad-crimenes-tipifica-aprueba.html

3. "El Parlamento chileno aprueba ley que tipifica los crímenes de lesa humanidad," ADN, 6 May 2009
http://www.adn.es/sociedad/20090506/NWS-3084-Parlamento-humanidad-crimenes-tipifica-aprueba.html

"The Chilean Parliament approved today by unanimous vote the bill that incorporates the crimes against humanity and genocide in the domestic system. (.)
The bill, which was previously approved by the Senate, was ratified by the Chamber of Deputies by 93 votes and incorporates as definitions the crimes provided by the Rome Statute. (.)"

See also:

"Aprueban ley que tipifica los crímenes de lesa humanidad y genocidio," La Segunda, 6 May 2009
http://www.lasegunda.com/ediciononline/cronica/detalle/index.asp?idnoticia=483025