The Draft Act on Cooperation between the Chilean State and the International Criminal Court that the Executive has sent to the Parliament on May 15th 2020, foresees a dual nature of the cooperation proceedings, in which the Ministry for Foreign Affairs acts between the Court and the state organs able to execute the requested cooperation. This introduces a foreign policy element into the cooperation with the International Criminal Court, which tinges the description that the Executive does of the Draft as the result of technical efforts, since it is unclear that the described model is the best technical approach available to accomplish with the duty to cooperate folly and without delay with the International Criminal Court, that Chile has acquired by becoming a state party of the Rome Statute of the International Criminal Court. Furthermore, the proposed proceedings bare the possibility of delay in the accomplishment of the cooperation requests. Some specific issues that could be solved in the course of the legislative procedure are outlined.
Keywords:
Chile, International Criminal Court, Cooperation
Author Biography
Claudia Cardenas, Universidad de Chile
Licenciada en Ciencias Jurídicas y Sociales, LL.M, Doctor iuris, Profesora Asociada del Departamento de Ciencias Penales de la Facultad de Derecho de la Universidad de Chile.
Cardenas, C. (2020). The Draft Act on Cooperation between the Chilean State and the International Criminal Court: Preliminary Observations: observaciones iniciales. Revista Tribuna Internacional, 9(17). https://doi.org/10.5354/0719-482X.2020.57433
