Identifier
Created
Classification
Origin
06SANTIAGO562
2006-03-17 21:59:00
CONFIDENTIAL
Embassy Santiago
Cable title:  

CHILE: FOREIGN MINISTRY OFFICIAL DISCUSSES ICC

Tags:  PREL AORC PTER MARR CI 
pdf how-to read a cable
VZCZCXYZ0000
PP RUEHWEB

DE RUEHSG #0562 0762159
ZNY CCCCC ZZH
P 172159Z MAR 06
FM AMEMBASSY SANTIAGO
TO SECSTATE WASHDC PRIORITY 8669
C O N F I D E N T I A L SANTIAGO 000562 

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/20/2016
TAGS: PREL AORC PTER MARR CI
SUBJECT: CHILE: FOREIGN MINISTRY OFFICIAL DISCUSSES ICC
RATIFICATION AND PSI

REF: A. STATE 42173


B. SANTIAGO 241

C. SANTIAGO 130

D. SANTIAGO 91

C O N F I D E N T I A L SANTIAGO 000562

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/20/2016
TAGS: PREL AORC PTER MARR CI
SUBJECT: CHILE: FOREIGN MINISTRY OFFICIAL DISCUSSES ICC
RATIFICATION AND PSI

REF: A. STATE 42173


B. SANTIAGO 241

C. SANTIAGO 130

D. SANTIAGO 91


1. (U) Director for Special Policies at Chile's Foreign
Ministry, Ambassador Luis Winter, told EPOL Counselor and
Poloff that the Chilean Congress would likely ratify the
International Criminal Court (ICC) at an early opportunity.
Winter said the GOC would also introduce legislation allowing
it to negotiate Status of Forces (SOFA) agreements, but could
not offer a timetable. Winter noted that Chile's
participation in the Proliferation Security Initiative (PSI)
is linked to the broader mutual security agreement proposed
by the GOC in January (ref D).

LIKELY DELAY ON SOFA WITH CHILE
--------------


2. (C) In the context of discussions about CICTE VI
(septel),EPOL Counselor delivered ref A points to Ambassador
Winter on March 16. Winter said the GOC would introduce
draft legislation into Congress allowing the executive to
negotiate Status of Forces agreements (SOFA) on a routine
basis, but that the change of administration had left timing
uncertain. Winter said the Ministry of Defense (MOD) was
pressing for this authority, given its regular and increasing
military exchanges with the U.S. and several European
countries. Winter said the MOD was also very concerned about
potential sanctions under the American Servicemembers'
Protection Act (ASPA) once Chile ratified the ICC.


3. (C) Winter said that Chile's participation in PSI also
hinged on this legislation. The broader security agreement
Chile has proposed (ref D) includes PSI, and depends on the
authority to conclude SOFAs and other security agreements.
He noted that the GOC under Lagos had granted immunities to
U.S. military personnel on exercises in Chile only through
June 2006 (ref B) in part to focus the new administration's
attention on this issue early in its term. Winter said new
FM Foxley would be taking the SOFA issue up in the next
weeks. He counselled that the U.S. wait for developments
before seeking protections for exercises occuring in the
second half of 2006, but that he foresaw no problem in
extending the immunities once again.

ICC IN THE CARDS, CHILE HOPING TO TRUMP
--------------


4. (C) Winter said early ratification of the ICC was all but
assured. He noted that Chile was the only Latin American
signatory yet to ratify, and said the EU was "calling in its
chit" and pressing Chile hard on ratification. The
objections from Chile's right, based on fear the ICC would be
used to prosecute historic abuses, had been overcome. Winter
said ICC provisions for proactive application and preference
for national trials as the first resort, and Pinochet's
fading star, had removed the obstacles to ratification in
Chile.


5. (C) Winter volunteered that he had been following closely
Senate hearings and the New York Times articles about
modifying application of the American Servicemembers'
Protection Act for allies. Winter said he felt Chile
deserved special treatment given the nature of the bilateral
relationship with the U.S. If it were his decision, he would
delay Chile's ratification of the ICC until a solution to the
sanctions issue were found, but he thought it unlikely
Congress would accept much further delay.

KELLY