On the fateful morning of October 16, 1998 General Augusto Pinochet was arrested by London’s Metropolitan Police based on a preliminary extradition request from the Spanish government. The extradition request from Spain began from anger due to the Chilean Supreme Court’s refusal to punish DINA officials who had tortured and killed a Spanish diplomat. Human rights groups in Spain had forcefully and successfully created a powerful complaint against Pinochet and top DINA officials in the Spanish courts. Many Spanish organizations unified to produce and broaden a complaint against the human rights abuses in Chile and Argentina, including: The Progressive Association of Prosecutors, and the Salvador Allende Foundation. The complaints were originally filed to pursue reparations for crimes committed against the deaths of Spanish citizens in Chile and Argentina under Pinochet’s rule, but was broadened to include all the crimes of the regime. Pinochet’s case revolutionized international law in began many questions which tested the enforceability, precision, interpretation, and legitimacy of the international legal system. According to International Human Rights and Aut

Universal jurisdiction claims that, “whereby for certain condemnable acts considered crimes against nations, all states have “universal jurisdiction” to define and prescribe punishment.” The question at hand was whether outside courts and complainants were limited in prosecuting crimes that were committed outside of the state. After review of international law and jurisdiction principles the universal jurisdiction principle upholds that foreign states are not limited to extradite or prosecute criminals over “gross” offenses and human rights treaties can be enforced extraterritorially.

The main question at hand in Pinochet’s case was whether diplomatic immunity would protect Pinochet from being extradited for his crimes. The wording and Chile’s ratification of the Torture Convention were decisive considerations, since Chile openly recognized torture as a crime under international law, it led the House of Lords to rule against Pinochet and reject his claims to immunity as former head of state. “The case heard twice by the House of Lords is the first known instance in which a local domestic court has refused to afford immunity to a head of state or former head of state on the grounds that there could be no immunity against prosecution for certain internat

Some topics in this essay:
Torture Convention, House Lords, Amnesty International, Supreme Court’s, Treatment Punishment, International Law, Darren Hawkins, Argentina Pinochet’s, Various Chilean, Jack Straw, human rights, international law, diplomatic immunity, torture convention, crimes committed, extradition request, house lords, international legal, universal jurisdiction, human rights violations, question hand, international legal system,