After the Pinochet case. What is the current state of international law concerning heads of state in domestic courts for the international crime of torture

After the Pinochet case. What is the current state of international law concerning heads of state in domestic courts for the international crime of torture
Author: Otto Möller
Publisher: GRIN Verlag
Total Pages: 23
Release: 2019-03-15
Genre: Law
ISBN: 3668899584

Essay from the year 2016 in the subject Law - Miscellaneous, grade: 1,7, University of Kentucky (Institute for International Studies), course: International Diplomatic Law, language: English, abstract: The following law essay is concerned with the question of what is the current state of international law concerning heads of state in domestic courts for the international crime of torture? It will shed light on the question by discussing the Pinochet case which was in itself groundbreaking for international diplomatic law. This is because it limited the extended of the previously unchallenged functional immunity, diplomatic immunity regarding acts of torture. Furthermore, several other cases will be discussed to see the various interpretation of the current law by courts.

International Law in Domestic Courts

International Law in Domestic Courts
Author: André Nollkaemper
Publisher:
Total Pages: 769
Release: 2018
Genre: Law
ISBN: 0198739745

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

UN Security Council Referrals to the International Criminal Court

UN Security Council Referrals to the International Criminal Court
Author: Alexandre Skander Galand
Publisher: BRILL
Total Pages: 278
Release: 2018-11-26
Genre: Law
ISBN: 9004342214

This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.

The State Immunity Controversy in International Law

The State Immunity Controversy in International Law
Author: Ernest K. Bankas
Publisher: Springer Nature
Total Pages: 890
Release: 2022-06-08
Genre: Law
ISBN: 3662640430

The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.

The Position of Heads of State and Senior Officials in International Law

The Position of Heads of State and Senior Officials in International Law
Author: Joanne Foakes
Publisher: Oxford University Press
Total Pages: 257
Release: 2014
Genre: History
ISBN: 0199640289

A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.

The Pinochet Case

The Pinochet Case
Author: Madeleine Davis
Publisher: University of London Press
Total Pages: 0
Release: 2000
Genre: Chile
ISBN: 9781900039352

The 1998 arrest of Senator Augusto Pinochet in London, on the orders of a Spanish judge seeking his extradition for human rights crimes, made headlines all over the world. Part of a wider, ongoing attempt by human rights activists and lawyers to prosecute the crimes of Latin American military regimes, the case has important implications for national and international law and for politics, diplomacy and democracy. This book brings together political scientists and lawyers from Latin America, the United States, Spain and the UK to analyse the political and historical context of the case, its progress through the courts in the UK and Chile, its handling by national governments, and its political and legal implications, both national and international.

Immunity Versus Human Rights

Immunity Versus Human Rights
Author: Andrea Bianchi
Publisher:
Total Pages:
Release: 2010
Genre:
ISBN:

In the Pinochet case the former head of state of a foreign country has been held accountable for the first time before a municipal court for acts of torture allegedly committed while he was in his post. The unprecedented character of the case causes one to ask whether municipal courts may properly complement international tribunals in the enforcement of international criminal law, and, if so, to what extent a plea of immunity or non-justiciability may be available. The divide within the House of Lords on the interpretation of the scope of application of jurisdictional immunities to foreign heads of state as regards crimes of international law hardly hides a more profound conflict based on the different perception of what values and interests should be accorded priority in contemporary international law. This article argues that neither jurisdictional immunities nor act of state and other doctrines of judicial self-restraint are consistent with the notion of crimes of international law and that the quest for normative coherence should induce a reappraisal of the relationship between human rights and the law of jurisdictional immunities.

The Pinochet Effect

The Pinochet Effect
Author: Naomi Roht-Arriaza
Publisher: University of Pennsylvania Press
Total Pages: 282
Release: 2005
Genre: Criminal jurisdiction
ISBN: 9780812238457

What Pinochet's arrest has taught us about transnational justice and international jurisdiction.