DE RUEHSG #1449 1881209
ZNR UUUUU ZZH
R 071209Z JUL 06
FM AMEMBASSY SANTIAGO
TO SECSTATE WASHDC 9536
UNCLAS SANTIAGO 001449
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."