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The Pinochet case : origins, progress and implications / edited by Madeleine Davis.
Van Pelt Library KD373.P56 P556 2003
Available
- Format:
- Book
- Language:
- English
- Subjects (All):
- Pinochet Ugarte, Augusto--Trials, litigation, etc.
- Pinochet Ugarte, Augusto.
- Human rights--Chile.
- Human rights.
- Chile.
- Crimes against humanity.
- Extradition--Great Britain.
- Extradition.
- Great Britain.
- Trials--Great Britain--Political crimes and offenses.
- Trials.
- Political crimes and offenses.
- Great Britain--Foreign relations--Chile.
- Chile--Foreign relations--Great Britain.
- Local Subjects:
- Great Britain--Foreign relations--Chile.
- Chile--Foreign relations--Great Britain.
- Genre:
- Trials, litigation, etc.
- Trial and arbitral proceedings.
- Physical Description:
- x, 266 pages ; 23 cm
- Place of Publication:
- London : Institute of Latin American Studies, 2003.
- Summary:
- The arrest of Senator Augusto Pinochet in London in 1998, on the orders of a Spanish judge seeking his extradition for human rights crimes, was headline news 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 USA and Europe 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.
- Contents:
- 1 Introduction: Law and politics in the Pinochet case / Madeleine Davis 1
- An overview of events 2
- The Chilean dimension 6
- Law vs politics in the national arena 10
- Geo-politics and international law 14
- Part 1 Context
- 2 Kissinger and Pinochet facing universal jurisdiction / Juan E. Garces 25
- The international context for the rise and consolidation of a criminal state in Chile 26
- Kissinger's retrospective view in 2001 29
- International law, crimes against humanity and universal criminal jurisdiction 35
- 3 Constitutional and political foundations of impunity in Chile / Brian Loveman 43
- Internal security, the armed forces and military law in the Iberian tradition 44
- The military fuero and jurisdiction of military tribunals over civilians Fusion of military and civilian authority 47
- Nation-building, constitutions and the armed forces after Independence 51
- Regimes of exception 52
- National security and military law 53
- Chile 1973-1990 56
- Immunity, impunity and the Pinochet case: hope for the future? 60
- 4 The Pinochet factor in Chilean politics / Alan Angell 63
- The Pinochet project 65
- Creating the new institutional and constitutional structure 66
- Democratising the Pinochet structure 69
- Civil
- military relations 71
- The changing attitudes of the military 72
- The Supreme Court and the role of the judiciary 75
- Pinochet, the civilian right and public opinion 79
- Part 2 Legal Progress
- 5 The progress of Pinochet through the UK extradition procedure; an analysis of the legal challenges and judicial decisions / Diana Woodhouse 87
- Pinochet challenges the validity of the warrants (Pinochet 1) 88
- The Home Secretary exercises his discretion 94
- Pinochet challenges the House of Lords decision (Pinochet 2) 96
- The House of Lords rehears the appeal (Pinochet 3) 99
- The case returns to the Home Secretary 103
- 6 The Pinochet case in the Chilean courts / Francisco Bravo Lopez 107
- Preliminary issues 107
- Justice in the democratic transition 111
- Pinochet's trial 112
- The Special Judges 120
- Part 3 Politics
- 7 The politics of the Pinochet case in the United Kingdom / Madeleine Davis 125
- The arrest 127
- Political pressures at the start of the case 130
- A matter for the courts 134
- A changed context 139
- 8 Spanish public opinion and the Pinochet case / Carlos Malamud 145
- Spanish justice 145
- The Spanish government and the extradition proceedings 151
- Social forces 156
- The Opposition 159
- The press 163
- 9 The consequences of the Pinochet case for Chilean politics / Carlos Huneeus 169
- Augusto Pinochet: a strong dictator with popular support 170
- The position of the government and Concertacion parties 173
- The response of the army 177
- The right-wing and business leaders 180
- Internal factors favouring Pinochet's trial in Chile 184
- Part 4 Implications and Effects
- 10 Of catalysts and cases: transnational prosecutions and impunity in Latin America / Naomi Roht-Arriaza 191
- Amnesty, domestic investigations and the role of the judiciary 192
- Developments within Argentina 194
- Related cases in other national courts 198
- The Guatemalan experience 207
- 11 The Pinochet case and the changing boundaries of democracy / Alexandra Barahona de Brito 212
- Transnationalising the search for justice: four cases 213
- Elite pacts and popular sovereignty: who are 'the people'? 220
- Shifting sovereign boundaries and the impact on democratic governance 222
- National courts, international jurisdiction 225
- Obstacles in the way of universal justice 227
- 12 International law after the Pinochet case / Antonio Remiro Brotons 231
- The principle of universal criminal jurisdiction 232
- A series of immunities 239
- Universal jurisdiction: an international criminal court 242.
- Notes:
- Comprised mainly of papers from a conference held in London in Nov. 2001 organized by the Institute of Latin American Studies and the Institute of Advanced Legal Studies.
- Includes bibliographical references (pages [253]-260) and index.
- ISBN:
- 1900039524
- OCLC:
- 53478655
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