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Chile Joins ICC as 109th State Party

29 June 2009

Dear All,


On 29 June 2009, Chile deposited its instrument of ratification to the Rome Statute of the International Criminal Court, bringing the total number of states parties to the Court to 109.

This message includes CICC press release (I); link to Permanent Mission of Chile's press conference today (II); press releases and statements issued by CICC members (III) and related news coverage (IV).



Chile signed the Statute on 11 September 1998. In April 2002, the country's Constitutional Court established that a constitutional amendment recognizing the ICC's jurisdiction was necessary for Chile to become a party to the ICC. This amendment was passed on 10 May 2009. On 17 June 2009 the Chilean Chamber of Deputies approved ratification of the Rome Statute. The Senate had done the same on 10 June .



For more information on the CICC ratification campaign in LAC, please visit our website at www.coalitionfortheicc.org<http://www.coalitionfortheicc.org/> or contact CICC Coordinator for Latin America/Caribbean Francesca Varda ([email protected]).

Regards,

CICC Secretariat

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I. CICC PRESS RELEASE

"Chile Joins International Criminal Court as 109th State Party: National Civil Society Campaign Leads to Universal Support for Ending Impunity in South America," CICC Press Release, 29 June 2009, http://www.coalitionfortheicc.org/documents/Chile_ratification_pr_eng.pdf



"Today, Chile formally joined the International Criminal Court (ICC) by depositing its instrument of ratification to the Rome Statute, the founding treaty of the ICC, at United Nations Headquarters in New York. With Chile's ratification, each of the 13 countries in South America is now a state party to the Court. In the larger region, El Salvador, Guatemala, Nicaragua and Cuba are the only countries in Latin America that have yet to join the Court.

'Chile's ratification poignantly underscores the country's recent history and long fight against impunity,' said William R. Pace, Convenor of the Coalition for the ICC. 'It also demonstrates the indispensible role of a strong and vibrant civil society that-for more than a decade of tireless advocacy- made ratification possible in Chile.'
The Coalition for the International Criminal Court (CICC) is a global network of more than 2,500 non-governmental organizations (NGOs) advocating for a fair, effective and independent ICC and improved access to justice for victims of war crimes, crimes against humanity and genocide.
To highlight the urgent need for ratification, the Coalition's member organizations in Chile worked to raise the profile of the Court by hosting public lectures and debates at universities and other forums, and by reaching out to government officials and members of the media.
Humanas, one of the Coalition's main partners in Chile, launched a public awareness campaign that used broadcast spots, billboards, newspaper inserts, brochures, radio ads and awareness raising on the street to highlight the urgency of ratification.
'Today's news brings Chile in line with the rest of the international community-more than half of which has joined the Court,' said Lorena Fries, President of Humanas, a key civil society actor in the bid to ensure Chilean ratification of the Rome Statute. 'This development also represents the payment of a debt to the Chilean people to guarantee-once and for all-that the grave violations perpetrated during the Pinochet regime will never again be tolerated. As a nation, we can hold our heads high today and celebrate with pride.'
Hugo Relva from Amnesty International noted that 'although the ICC does not have retroactive jurisdiction and is therefore unable to investigate or prosecute the thousands of crimes perpetrated in Chile in the past, the acceptance of the ICC's jurisdiction for crimes against humanity, genocide and war crimes that may be committed in the future is a clear sign of commitment from the Chilean government in ending impunity.'
Chile signed the Rome Statute more than ten years ago on 11 September 1998-only months after the historic adoption of the treaty on 17 July. The country's ratification process was delayed by a number of legal and constitutional hurdles. A major turning point came on 20 May 2009 when the Chilean Chamber of Deputies approved a constitutional amendment recognizing the Court's jurisdiction. This fulfilled an April 2002 Constitutional Court ruling that required such an amendment as a prerequisite to Chile's ICC membership. In addition, Chilean President Michelle Bachelet declared that joining the Court was part of her political platform for change.
'Those who had opposed the ICC have finally understood that by joining the Rome Statute and supporting a judicial, independent, permanent and complementary court, you do not lose your sovereignty as a nation. Rather, sovereignty is transferred directly to citizens,' said Mr. Gabriel Ascencio, MP, member of Parliamentarians for Global Action, and rapporteur of the ratification bill adopted by the lower chamber of Congress in 2002. 'The decision to ratify the Statute taken by the congress recognizes this principle, which contributes to guaranteeing the equality of all citizens and nations before the law."

II. PRESS CONFERENCE

"Permanent Mission of Chile, in advance of Chile's ratification of the Rome Statute of the International Criminal Court. Speakers: José Antonio Viera-Gallo, Minister Secretary-General of the Presidency of Chile, and Heraldo Muñoz, Permanent Representative of Chile," 29 June 2009, http://webcast.un.org/ramgen/ondemand/pressconference/2009/pc090629am1.rm [Webcast of 20 mn in Spanish and English]

III. MEMBERS PRESS RELEASES ISSUED ON 17 JUNE FOR SENATE RATIFICATION VOTEi. "Chile joins the ICC," 17 June 2009, Press Release from Humanas-Chile http://www.coalitionfortheicc.org/documents/Chile_joins_the_ICC_17_June_2009_en.pdf
"Today, June 17th, the Chamber of Deputies of Chile celebrated an historic session by approving, by a broad majority, ratification of the Rome Statute. A week before, on June 10th, the Senate had also done the same. This critical vote will allow Chile to join the 108 States around the world who are already members of the Court.
The ICC's creation embodies one of the most important advances in international human rights and humanitarian law. Its establishment, through a treaty which has now been ratified by more than 100 States, is a testament to the enormous political will that exists to have an effective instrument to fight the impunity that unfortunately characterizes the perpetration of the gravest crimes against humanity.
The Rome Statute represents an invaluable advance in gender justice. It is especially important in that it defines rape, sexual slavery, forced prostitution, forced pregnancy, and forced sterilization as some of the 'most serious crimes of concern to the international community.'
Although the Chilean process has been slow and complex, the necessary political consensus has finally been reached. More than seven years after the Constitutional Court ruled it as necessary, the constitutional amendment recognizing the ICC's jurisdiction was passed. ICC crimes were also incorporated under national law in order to ensure complementarity. All these efforts were carried out with broad-based political support.
Humanas has worked on ratification and implementation of the Rome Statute in the Latin American region for many years and it expresses its profound satisfaction with the process that the Chilean Parliament has completed today. We also thank each and every one of the national and international organizations that have supported the work carried out to reach this objective."
[Translation from the Spanish is unofficial and provided as a courtesy by the CICC Secretariat] ii. "Chilean Congress Approves the Ratification of the Rome Statute of the ICC: Parliamentarians Reaffirm that the Fight against Impunity Goes beyond Ideological, Regional or Cultural Differences," Press Release by Parliamentarians for Global Action (PGA), 17 June 2009, http://www.coalitionfortheicc.org/documents/Chile_Ratification_17_June_PGA_Press_Release_EN.pdf
"Parliamentarians for Global Action (PGA), a network of over 1,300 legislators from all regions of the world, warmly welcomes the decision taken earlier today by the Chamber of Deputies of Chile to adopt the Ratification Act of the Rome Statute of the International Criminal Court (ICC). This decision concludes a lengthy legislative process, which will allow Chile to become the 109th State Party to the Rome Statute, once the Government of Chile deposits the instrument of ratification at the United Nations in New York.
Dep. Gabriel Ascencio (Chile- PDC) Rapporteur of the Ratification Bill that the Lower House approved in 2002 prior to it being blocked for more than 7 years, declared himself most satisfied by the voting of the Chamber of Deputies that 'sends a very clear signal to the international community on the commitment of Chile against impunity for international crimes.' According to Deputy Ascencio 'the decision of today and the constitutional amendment that recognizes the jurisdiction of the ICC are testimony to the cause of human rights organizations and to the fundamental principle of 'Never Again' - Nunca más!'
Another member of PGA, Dep. Tucapel Jiménez (Chile-PPD) underscored that "our ratification fulfils our wish to protect our children and future generations from the sort of atrocities that have been committed in the past. Our sovereign decision to be a Party to the permanent system of international criminal justice is a guarantee of non repetition of these crimes, which is one of the forms of reparations for the victims of past abuses", Deputy Jiménez concluded.
Chilean Senator Hernan Larrain (UDI) described the ICC process in Chile that required the prior implementation of Rome Statute crimes into the national judicial order as 'an essential legislative achievement given the extreme gravity of conduct in question.' For Senator Larrain 'these decisions taken by the Congress are fundamental to the establishment of a genuine system of national jurisdiction and international cooperation that will impede the commission of these atrocities.'
The membership in the ICC system will bring new opportunities for Chile in its external relations, among them the right to participate in the decision making process of the Review Conference of the Rome Statute, which will take place in Kampala, Uganda, in 2010.
In this respect, Senator Sergio Romero (RN), member of the Foreign Affairs Committee, asserted that 'the vote of the Congress reinforces our support for the principle of equality of all individuals before the law. Our vote today also recognises the contribution of the ICC makes in achieving the goals of the UN, including the Millennium Declaration, because in a world where there is no fairness or justice for individuals, equal and fair distribution of wealth or resources are also endangered.'
For his part, Independent Senator Carlos Cantero, member of PGA International Council, stated, 'our vote today is a step further in extending the mantel of protection of the ICC to all corners of the world, as the dignity of people that is protected by the Statute transcends ideological, regional or cultural differences.'
Today's decision has also resonated further afield - including in Africa. From the DR Congo, where the ICC has opened cases and is continuing investigations for crimes against humanity and war crimes, such as the recruitment of child soldiers and sexual slavery, Deputy Angele Tabu, Secretary of the PGA National Group, congratulated the Chamber of Deputies of Chile in its approval of the ICC Ratification Act. For Deputy Tabu, 'the decision of our Chilean colleagues recognises the suffering and rights of victims of the crimes which the ICC seeks to address. Other States that are not yet party to the ICC should draw inspiration from Chile, which overcame serious political obstacles to spare no effort to advance the cause of justice and the Rule of Law'.
Senator Marita Perceval of Argentina and Senator Raynell Andreychuk of Canada, in a joint statement on behalf of the PGA International Law and Human Rights Program, stressed that 'the voice of Chile will be heard with more strength and legitimacy in the international arena, to protect civilians and peacekeepers who suffer attacks, and to remind those who have not yet joined the Rome Statute that justice, peace and development go hand in hand.'
When Chile deposits its Instrument of Ratification with the United Nations in New York next week, all of South America will be party to the Rome Statute, leaving Cuba, El Salvador, Guatemala, Haiti and Nicaragua as the only Spanish-speaking countries in the American continent that have yet to join the ICC..."
iii. "Chile-Ratification of the Rome Statute: A positive step that must not make us forget impunity for past crimes." Chile: La ratificación del Estatuto de Roma: Un paso positivo que no debe hacer olvidar la impunidad del pasado," Amnesty International, 18 June 2009, http://www.amnesty.org/es/for-media/press-releases/chile-ratificacion-estatuto-roma-20090618
"With the ratification of the Rome Statute of the ICC, Chile takes a great step for the future, but it does not settle its debt with the past, said today Amnesty International after the approval of the Act that authorizes the recognition of the ICC's jurisdiction.
Although the ICC does not have jurisdiction to investigate or to prosecute the crimes committed in Chile during the period of the military government (between 1973 and 1990), the recognition of jurisdiction for cases involving genocide, crimes against humanity and war crimes that could eventually be committed is -definitely- a positive step...."
IV. NEWS COVERAGE
i. "Chile ratifies International Court treaty," Xinhua, 29 June 2009, http://news.xinhuanet.com/english/2009-06/30/content_11623282.htm
"After 11 years of legal battles, Chile has ratified the Rome Statute of the International Criminal Court (ICC), becoming the final country in South America to do so, announced Chile's Chief of Staff Antonio Viera-Gallo here on Monday.
Speaking to reporters, Viera-Gallo called the Statute's ratification 'the fruit of perseverance.'
The government of Chile had proposed constitutional reforms as a prerequisite to the ratification of the Statute in order to avoid any potential conflict with the Constitution. After years of internal legal challenges, Chile's Senate ratified the Statute on June 10 and the Chamber of Deputies followed suit on June 17, making the Statute's full ratification complete.
The Rome Statute is an international treaty which established the ICC in The Hague, an independent and permanent court which prosecutes those accused of the most serious crimes of international concern, particularly genocide, crimes against humanity and war crimes.
The Statute came into force on July 1, 2002, once 60 countries had become parties. But now, even with 109 state parties, the Court still faces major challenges. The Court has found it almost impossible to bring some of the indicted war criminals to trial. African member states of the ICC, which make up the largest regional group of the 109 States Parties, have condemned the indictment against Sudanese President Omar al-Bashir, and continue to call for a one-year suspension under Article 16 of the Statute.
On Wednesday, African leaders will meet in Libya, marking the fist African Union (AU) summit since al-Bashir was charged with war crimes and crimes against humanity in the Darfur region of Sudan.
In an opinion piece published in the New York Times on Monday, former secretary-general of the United Nations Kofi Anan urged the AU to fulfill its promise to fight impunity. .."
ii. "With Chile's deposit, ICC membership is now universal in South America," ("Chile completa la adhesión de Suramérica a la Corte Penal Internacional"), EFE, 29 June 2009, http://www.adn.es/sociedad/20090629/NWS-2016-Internacional-Suramerica-Penal-Corte-Chile.html (in Spanish) "Today Chile deposited its instrument of ratification to the Rome Statute of the International Criminal Court at the United Nations Secretariat in New York. With this deposit, ICC membership is now universal in South America. <void(0);>

'Chile's ratification today is quite significant... it represents the outcome of more than ten years of persistent efforts in the face of obstacles," said Chilean Minister for the Presidency Viera-Gallo.



The Coalition for the International Criminal Court which brings together more than 2,500 non-governmental organizations under its umbrella, celebrates the step taken today by Chile, and notes that in the larger region, El Salvador, Guatemala, Nicaragua and Cuba are the only countries in Latin America that have yet to join the Court.

'Chile's ratification poignantly underscores the country's recent history and long fight against impunity,' said William R. Pace, convenor of the Coalition for the ICC. 'It also demonstrates the indispensible role of a strong and vibrant civil society that-for more than a decade of tireless advocacy- made ratification possible in Chile. (...)'
[Translation is informal and provided by CICC Secretariat.] iii. "Chile's ratification qualified as 'positive but insufficient'" ("Califican de 'positivo pero insuficiente' ingreso de Chile a la CPI"), 28 June 2009, Notimex, http://sdpnoticias.com/sdp/contenido/2009/06/28/432705 (in Spanish) "Chile's accession to the ICC comes as good news, however it is 'insufficient' as far as human rights protection is concerned, says Amnesty International-Chile Director, Sergio Laurenti in an interview with Notimex [Mexican news agency] with regard to Chile's ratification of the Rome Statute, the founding treaty of the ICC ..Chile's accession to the Rome Statute of the International Criminal Court is a 'decisive step against impunity,' he added.

Laurenti highlighted that, although this accession constitutes a tool for the future of Chile, 'does not heal the wounds of the past' because the Amnesty Act- why the judiciary cannot investigate crimes of the past- is still enforced..."

[Translation is informal and provided by CICC Secretariat.] iv. "Congratulations to Chile for Having Ratified the Rome Statute"("FELICITACION A CHILE POR EL ESTATUTO DE ROMA"), ANSA, 29 June 2009, http://www.ansa.it/ansalatina/notizie/notiziari/chile/20090629000434905465.html (in Spanish) "The European Union (EU) congratulated Chile on its ratification of the Rome Statute...Chile joins the International Criminal Court as the 109th State Party which 'represents a significant step forward in terms of the international community's collective efforts to fight impunity with regard to war crimes, crimes against humanity and genocide,' said the EU. Likewise, the EU expressed that 'without the universal participation of each and every state, the ICC will not be capable of reaching its fullest potential as a key instrument in the fight against impunity in cases involving the most serious of crimes committed in countries where countries are unwilling or incapable of investigating and prosecuting cases in their national courts."
[Translation is informal and provided by CICC Secretariat.] v. "Chile Joins the ICC" (Chile es nuevo miembro de la Corte Penal Internacional") by Carlos Martinez (UN Radio), 29 June 2009, http://www.webmurcia.com/internacional/4210-chile-es-nuevo-miembro-de-la-corte.html (in Spanish) To view audio, see http://downloads.unmultimedia.org/radio/es/real/2009/260609cm2.rm (in Spanish) "With Chile's ratification today, each of the 13 countries in South America is now a state party to the Court...Chilean Ambassador to the UN, Heraldo Muñoz, said today marks a big day as much for Chile as for the entire International community...'We, the international community, have waited patiently for this day for almost 10 years. Chile had fundamental reasons for being one of the first countries to sign the Rome Statue [11 September 1998]; however it was only the 109th country to formally ratify the Rome Statute. We are very pleased to join the ICC, and better late than never."
[Translation is informal and provided by CICC Secretariat.] vi. "Chile formally joins the ICC today"("Chile oficializa hoy adhesión a la Corte Penal Internacional") by Latam/Reporte (United Press International), 29 June 2009, http://www.timesoftheinternet.com/espanol/46372.html (in Spanish)

Chile today deposited its formal instrument of ratification to the Rome Statute at UN Headquarters in New York today...José Antonio Viera-Gallo, Chilean Minister of the Presidency, traveled to New York to join his colleague, the permanent representative of Chile to the UN, Ambassador, Heraldo Muñoz, for this special occasion.

Today's step is significant...at the same time, it signals Chile's firm commitment to human rights within the context of international or internal armed conflict which affect Chilean troops part of international peacekeeping efforts, said Viera-Gallo.

Ambassador Munoz noted that Chile's ratification was well received by human rights organizations such as Human Rights Watch, Amnesty International and Parliamentarians for Global Action."

[Translation is informal and provided by CICC Secretariat.] vii. "Chile on ICC and "Nationalist" Guerrillas in Sri Lanka, UN Mum on Camps It Funds But Claims To Not Control," Inner City Press, 29 June 2009, http://www.innercitypress.com/untrip5may9srilanka062909.html
"As Chile joined the International Criminal Court on June 29, Inner City Press asked the Minister Secretary General of the Presidency of Chile Jose Antonio Viera-Gallo if he thought the ICC should investigate this year's surge of civilian death and detentions in Sri Lanka. Viera-Gallo called it a situation of combat against a 'nationalist' guerrilla force which should in the first instance be investigated by the government of Sri Lanka.
'If the government cannot do it,' he said, 'it is easy -- a member state should request it, or any person, to the prosecutor..."