Pinochet's fallout: jurisdiction and immunity for criminal violations of international law (original) (raw)

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.