The Pinochet Effect

The Pinochet Effect
Author: Naomi Roht-Arriaza
Publisher: University of Pennsylvania Press
Total Pages: 271
Release: 2010-11-24
Genre: Law
ISBN: 0812203070

The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe. Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases. These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.

The Pinochet Papers

The Pinochet Papers
Author: Michael Ratner
Publisher: BRILL
Total Pages: 518
Release: 2021-08-04
Genre: Law
ISBN: 9004482598

The arrest of General Augusto Pinochet in October 1998 was a wake-up call to tyrants everywhere. The two subsequent rulings by the British House of Lords rejecting his claim of immunity forged legal history. This book traces the legal proceedings in the Pinochet case from the investigation in Spain, through the October 1999 ruling by a London Magistrate that Pinochet could be extradited to Spain, to the final decision to release Pinochet for health reasons. By including the full text of the British judicial decisions as well as the arrest warrants, translations of the key Spanish court rulings, excerpts from the legal arguments put forward by all sides, and commentaries by participants in the case and legal scholars, this volume gives the reader an understanding of the factual, political, and legal context of this historic prosecution.

The Pinochet Case

The Pinochet Case
Author: Madeleine Davis
Publisher: University of London Press
Total Pages: 288
Release: 2003
Genre: Biography & Autobiography
ISBN:

Senator Augusto Pinochet was arrested in 1998 in London on the orders of a Spanish judge seeking his extradition for human rights crimes. Here, political scientists and lawyers analyse the political and historical context of the case and its progress through the courts in the UK and Chile.

Justice for Crimes Against Humanity

Justice for Crimes Against Humanity
Author: Mark Lattimer
Publisher: Bloomsbury Publishing
Total Pages: 514
Release: 2003-11-27
Genre: Law
ISBN: 1847312438

The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other. The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field. "This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs

Hard Cases

Hard Cases
Author: International Council on Human Rights Policy
Publisher: ICHRP
Total Pages: 72
Release: 1999
Genre: Conflict of laws
ISBN: 2940259011

CONTENTS.

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.

National Trials of International Crimes in Bangladesh

National Trials of International Crimes in Bangladesh
Author: M. Rafiqul Islam
Publisher: BRILL
Total Pages: 536
Release: 2019-03-19
Genre: Law
ISBN: 9004389385

In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.

The Prevention and Intervention of Genocide

The Prevention and Intervention of Genocide
Author: Samuel Totten
Publisher: Routledge
Total Pages: 1389
Release: 2008-03-31
Genre: Political Science
ISBN: 1135925909

This volume is comprised of over 2,300 annotations on a wide array of issues and topics germane to the subject of preventing the atrocities of genocide and managing these conflicts when they do arise. Samuel Totten brings together in one comprehensive collection the research and findings in various fields, such as political science, sociology, history, and psychology, to enable specialists in genocide studies, peace studies, and conflict resolution to benefit from the insights of a diverse range of scholars and foster an understanding of how the various components of genocide studies connect. Among the topics included are: key conventions, international treaties, and covenants genocide early warning signals and forecasting risk data bases sanctions peacekeeping missions conflict resolution the International Criminal Court realpolitik vis-à-vis the issue of genocide prevention and intervention key non-governmental agencies key governmental and UN bodies working on these important issues. In addition to the annotations, Totten frames the bibliography with a major essay that introduces the reader to the subject of prevention and intervention of genocide, raising a host of critical issues regarding the strengths, weaknesses, and limitations of various approaches germane to issues of managing these conflicts.