UNCLAS SANTIAGO 001449

SIPDIS

SIPDIS

STATE FOR R/MR, I/PP, WHA/BSC, WHA/PDA, INR/IAA, PM, INL STATE FOR
INR/R/MR


E.O. 12958: N/A
TAGS: KMDR KPAO OPRC CI
SUBJECT: MEDIA REACTION - INTERNATIONAL CRIMINAL COURT (ICC)


On July 6, conservative, influential newspaper-of-record "El
Mercurio" (circ. 116,807) carried an op-ed by Catholic University
law professor Marcelo Brunet entitled, "International Criminal
Court? No Thanks"

"Ratifying the International Criminal Court (ICC) would be a serious
mistake for Chile...because although the spirit of the ICC is
humanitarian and based on the reasonable principle that crimes
against humanity and war crimes cannot be left unpunished, it is
also unclear that the results of the court will be consistent with
such noble ideals.... The treaty does not ensure equal justice for
all.... There is no question that its provisions will be applied
more tightly for citizens of Cambodia, Mozambique, Liberia, Rwanda,
or Chile.... But what happens when the aggressor is a citizen of a
powerful country that does not ratify the ICC? The answer is
nothing.

"The United States, the Russian Federation and China have not signed
the treaty...and the UK and France have already said they are
unwilling to accept its provisions. It is thus evident the court
will generate impunity for citizens of powerful countries and an
inflexible justice for those from weaker nations.... There are also
enough reasons to say that the court is unconstitutional in Chile...
It therefore makes no sense to ratify a well-intended but
unconstitutional treaty, which could become a new tool for powerful
nations to use against smaller ones."

KELLY