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2004, Journal of Thermophysics and Heat Transfer
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4 pages
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The article explores the significant legal and political impacts of the 1998 detention of former Chilean dictator Augusto Pinochet in London on subsequent human rights advocacy and accountability. It examines the legal principles established by the Pinochet case, particularly the concept of universal jurisdiction, and highlights the ripple effects it had in fostering a renewed push for human rights justice in Chile and Argentina. While celebrating the advancements made through the application of international law to domestic issues, it also acknowledges ongoing challenges in fully addressing the crimes committed during the dictatorships.
Legal Studies, 2000
This article prolvides a general overview, and analysis qf the litigation surrounding Generul Aiigusto Piriochet 's detention in London in 1998 and the subsequent attempts to extradite hiin to Spain ,for trial on charges relating to humuti rights abuses committed during the period of his militaty dictatorship in Chile between 1973 and 1990. The cotnplicuted sequence of events, from proceedings in the Spunish courts (which started in 1996) up to Piiiochet's release from British custody on medical grounds in 2000, is examined und the potential consequences of the twso substantive House of Lords decisions are explored from a British-bused public international luwyer 's perspective. The focus of the arialvsis is not so much oti the detailed technicalities of personal immunity in English law: as on the broad concepts of State jurisdictiori over intertiationnl crimes and ininiuizityfor such crimes in intematiorial criminal law: notable aspects discussed include the fiiture of universal jurisdiction in custotnan international law and the position of that law in the UK's municipal courts.
Hellenic Review of International Law, 1999
Ilsa Journal of International Law, 2000
The coup d'etat was headed by General Augusto Pinochet Ugarte in Chile. Pinochet and his regime caused thousands of victims, including dozens of Spanish citizens, to become subject to the crimes of genocide and terrorism. The issue related to Argentina was assigned, by allotment, to Judge Baltasar Garz6n. While the issue related to Chile, pursuant to previous proceedings, was assigned to Judge Manuel Garcia Castellon. The two allegations mentioned above were followed by different criminal lawsuits filed in the first case, by the Free Association of Lawyers, the Argentina Pro-Human Rights-Madrid Association and the Left-Wing United; and in the second case, by the Association of Families of Detainees and Missing Chileans.' On June 10, 1996, and February 6, 1997, Judges Garz6n and Garcia Castellon agreed to process their respective lawsuits. Subsequently, Judge Baltasar Garz6n expanded Argentina's criminal dossier with the investigation of the so-called "Operation Condor." It was a program of international repression in which presumably, the military governments of Chile and Argentina (among others) had cooperated. With knowledge of General Pinochet's presence in London, on October 16, 1998, Judge Garz6n issued a temporary detention order against Pinochet, with a corresponding order for international arrest. These orders were in support of the agreement on the matter of extradition that was in force between Spain and the United Kingdom. That same day, General Pinochet was arrested in London. On October 18, 1998, Judge Garz6n issued a new warrant, which was more encompassing than the preious one. The purpose behind this action was to correct some
Journal of Spanish Cultural Studies, 2002
Pinochet represents a victory for international human rights law. Faced with the traditional doctrine of head of state immunity, jus cogens crimes have triumphed. The House of Lords has recognised that certain crimes cannot be excused, and thus marked the beginning of the end of the age of impunity. The implications of the decision extend far beyond Pinochet's trial. They include the possibility of other perpetrators of serious international crimes being brought to justice. However, the decision also heralds a new uncertainty. A broad head of state immunity has been replaced with the potential for a somewhat indeterminate and uncodifed set of jus cogens crimes being applied selectively and interpreted differently by the national courts of powerful countries. While it is easy to overstate the potential disruptive effect the decision could have on international relations, it is certainly true that it underscores the need for the new ICC, with its defined crimes, independence and jurisdiction based on the consent of states. While states may have originally viewed the ICC as an unwelcome intrusion into state sovereignty, the Pinochet decision could well change that view. States may consider it better to concede some sovereignty to the ICC than to lose even more through the enforcement of international human rights by the national courts of other states. Governments have repeatedly said that crimes such as hostage taking and torture are unacceptable and that those responsible should be called to justice. The House of Lords has given substance to that rhetoric, but national courts are a poor second choice in the prosecution of international crimes. Now it is up to governments to support the ICC and move these matters to a truly international forum.
International Journal of Transitional Justice, 2009
This article reflects on the recent Chilean experience of accountability actions, particularly the attempted prosecution of perpetrators of past human rights violations. While acknowledging the undoubtedly substantial impulse provided by the dramatic October 1998 UK arrest of former dictator Augusto Pinochet, it focuses on domestic actors and drivers in a post-1998 revival of such attempts. The article examines the extent and limitations of recent change in the area of prosecutions in Chile, noting that these have been undertaken at the insistence of private actors rather than the state. It also notes that the self-amnesty law of 1978 is still textually intact despite advances in restricting its application with regards to certain categories of internationally proscribed crimes. Finally, the article examines some explanatory factors for both recent advances and remaining blockages in the Chilean human rights accountability scenario.
2008
The notable post-1998 revival of prosecutions for past human rights crimes in Chile is often attributed to the so-called ‘Pinochet effect’, the impact of the UK arrest of the former dictator in that year. In this sense, the arrest can be viewed as an example of international action shifting domestic blockages. In fact, though, the Chilean justice scenario had already begun to change, with the minimal conditions for revisiting transitional era impunity already apparently in place and beginning to show limited results. In this way, the dramatic events in London were able to accelerate national processes, galvanising both activists and judges in Chile to deal in a more comprehensive way with the outstanding human rights legacy of the recent past. Additional internal factors contributing to this domestic change included previous institutional and judicial reform, persistence on the part of domestic relatives’ groups and lawyers, and the simple passage of time. Change has not been limite...
Criminal Law Forum, 1999
They note that the Commission was not permitted to identify living victims or those responsible or to recommend sanctions. According to The Economist, Nov. 28, 1998 at 23, 2,095 extrajudicial executions and deaths under torture and 1,102 disappearances were attributed to the intelligence service and the army under General Pinochet's command by Chilean government investigations, while many other deaths were never accounted for. 15 Ibid., at para 130. 16 Ibid., at para 88. 17 See Pinochet, first appeal, supra note 1, per Lord Nicholls at 938g and Lord Steyn at 943g. 18 Primarily the State Immunity Act 1978 and the Diplomatic Privileges Act 1964. 19 The 1961 Vienna Convention on Diplomatic Relations (500 U.N.T.S. 95) and customary international law. 20 Pinochet (first appeal) supra note 1 at 904g-911d. 21 Ibid., at 913b-g. 22 Ibid., at 915c-e. 23 Section 134(1) of the Criminal Justice Act 1988 reads in full "A public official or person acting in an official capacity, whatever his nationality, commits the offence of torture if in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another in the performance or purported performance of his official duties." 24 Pinochet, first appeal, supra note 1 at 916h-917g. 25 (1951) 78 U.N.T.S. 277. 26 (1979) 1316 U.N.T.S. 205. 27 Pinochet, first appeal, supra note 1 at 917. 28 Ibid., at 929g. 29 Ibid., at 933h. 36 Ibid., at 939g. 37 Ibid., at 939h. 38 Ibid., at 941 generally. 39 Ibid., at 944f. 40 Ibid., at 945d-e. 62 Ibid., at 843G. Article 5 provides for the establishment of extraterritorial jurisdiction, article 7 for the aut dedere aut punire obligation and article 8 for extradition. 63 Ibid., at 844A. 64 Ibid., at 844-845. 65 Ibid., at 846B. 66 Ibid., at 846D.
Ending War Crimes, Chasing the War Criminals
This chapter looks at the character of Adolf Eichmann, the Nazi who ran the concentration camps. It is an intriguing story of his fleeing to Brazil at war's end, living incognito for many years and then being ousted by his son's half-Jewish girlfriend. He was kidnapped and spirited out of Argentina by Israeli agents, tried and executed. Chapter 2: Himmler was Hitler's deputy. This is the story of his boyhood, his growing up and his emergence in adulthood as a top Nazi who personally ordered the killing of millions of Jews. It asks the question how could a gentle and respectful boy and young man coming from a sober middle class, Catholic family, so change his personality in such a short time. Chapter 3: Modern day war crimes punishment began with the Nuremberg trials at the end of World War 2 when senior Nazis were put on trial. Today, after a long gestation period, there is now the International War Crimes Court where alleged war criminals can be tried and sentenced to imprisonment. Chapter 4: This chapter examines the role played by some of Africa's major war criminals and how they came to trial-latterly in the International Criminal Court (ICC). Chapter 5: The Western world has its alleged war criminals too. The chapter begins with Robert McNamara who was President Kennedy's secretary of defence and a key player in the war in Vietnam. Later in life he accused himself publicly of having committed war crimes. Then follows portraits of Henry Kissinger, George W. Bush and Tony Blair who many believe are war criminals that should be arrested and sent for trial. Chapter 6: Ariel Sharon was once Israel's most important general scourge of the Arab armies and, later, prime minister. He had no compunction about admitting the atrocities he had committed and defended himself vigorously. Chapter 7: Guatemala, said the secretary-general of Amnesty International, was a country with "no political prisoners only political killings". The author was the journalist responsible for proving that the president of Guatemala was personally directing the death squads which decimated many Indian villages and opposition figures. Over 30 years the author has continued to visit Guatemala and monitor the slow, incremental, improvement in human rights. It has often been one step forward and two steps back but now the courts appear to be taking a firm and courageous stand, convicting many war criminals including a former president.
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