On 15 May 2017, at the margins of the Regional Parliamentary Workshop to Promote Ratification and Implementation of the Biological and Toxin Weapons Convention (BTWC) organized by PGA in collaboration with the National Congress of Chile, a PGA parliamentary delegation was received by Mr. Edgardo Riveros Marín, Under-Secretary of Foreign Affairs and Mr. Jaime Campos, Minister of Justice of Chile to discuss the full implementation of the Rome Statute and cooperation with the International Criminal Court (ICC). The PGA delegation was composed of Dip. Ronny Monge (Costa Rica), PGA Board member, Dip. Luis Petri (Argentina), President of the Internal Security Committee & PGA member, and Dip. Tucapel Jiménez (Chile), Chair of the PGA National Group, who has been a long-standing supporter of Chile’s pro-active participation in the international justice system. The PGA delegation also discussed the domestic implementation of the BTWC.
On 3 May 2016, Dip. Tucapel Jimenez presented a Parliamentary Resolution to the Chamber of Deputies supported by other Members of Parliament requesting the President of Chile to deposit the ratification’s instrument of the Kampala amendments to the Rome Statute as well as requesting a draft bill to implement the amendments.
On 25 May 2016, Dip. Tucapel Jiménez - also in his capacity as Member of the Human Rights Committee - had met with Under-Secretary of Foreign Affairs Riveros to discuss ICC related topics, including the ratification of the Kampala Amendments to the Rome Statute and the cooperation with the ICC. Regarding the Kampala Amendments, the Committee on Constitution, Legislation, Justice and Regulation composed of 5 Senators, presented a parliamentary motion to include the crime of aggression and prohibition of the use of certain weapons in an armed conflict not of an international character in the domestic legal order of Chile by modifying Law No 20.357, which defines crimes against humanity, genocide and war crimes. The amendment to Law No. 20.357 is currently in the Senate pending before this Committee, awaiting analysis of the comments made by Senators on the draft bill.
On 23 September 2016, the Minister for Foreign Affairs of Chile deposited the instruments of ratification of the Amendments to the Rome Statute of the ICC at the United Nations in New York. Thanks to the leadership and advocacy of PGA members, who have played a pivotal role in the parliamentary process that led to ratification. Chilean nationals and territory are now bound by the prohibition of the use of certain weapons in armed conflicts of a non-international character, as well as the criminalization of aggression arising from the gravest forms of illegal use of force in the international sphere.
Another priority of the Chilean government, which was discussed with PGA’s parliamentary delegation is ensuring the establishment of cooperation mechanisms with the ICC. Currently, a draft bill entitled Cooperation Law and Relations with the ICC (Ley de Cooperación y Relación con la Corte Penal Internacional) is being reviewed by the Ministry of Justice, in consultation with other institutions, before it is introduced before Congress in the next 2 months. This significant progress has occurred after the pro-active engagement of PGA members.
In fact, on 6 April 2016 the Chamber of Deputies of Chile had unanimously adopted resolution 526, introduced by PGA members and four other legislators from different political parties, calling on the Executive to send a draft bill on cooperation with the International Criminal Court, in accordance with the country’s obligations as a State Party to the Rome Statute.
During the 15 April 2017 meetings at the Ministries of Foreign Affairs and Justice, Under-Secretary Riveros and Minister Campos informed the PGA delegation that the draft cooperation law was under review at the Ministry of Justice. Both Cabinet authorities expressed Chile’s commitment to prioritize the domestic and international accountability mechanisms for international crimes within the framework of promoting the Rule of Law, the protection of human rights, peace, justice and democracy.