Revista de derecho (Coquimbo)
versión On-line ISSN 0718-9753
LOPEZ ESCARCENA, Sebastián. THE COMPLEMENTARITY OF THE INTERNATIONAL CRIMINAL COURT ACCORDING TO THE CHILEAN CONSTITUTIONAL TRIBUNAL. RDUCN [online]. 2012, vol.19, n.1, pp. 353-368. ISSN 0718-9753. http://dx.doi.org/10.4067/S0718-97532012000100011.
A decision of the Constitutional Tribunal declared in 2002 that the approval and subsequent ratification of the Rome Statute would require a previous constitutional reform. Among the reasons mentioned, the decision emphasized the supposed corrective and substitutive character of the jurisdiction of the International Criminal Court, with respect to the competence of national tribunals. The introduction of a new transitory provision to our political constitution in 2009 authorised the Chilean state to recognise the jurisdiction of the court. This new provision described its competence as subsidiary, according to the treaty that established this court. Thanks to this provision, a decision of the Constitutional Tribunal of the same year declared that the Rome Statute does not include norms that contradict the Political Constitution of the Republic of Chile. But, at which moment did the jurisdiction of the International Criminal Court was transformed from corrective and substitutive, to complementary and subsidiary? The present article aims to answer this question.
Palabras llave : Constitutional Tribunal; Rome Statue; International Criminal Court Jurisdiction.