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Immunity of a Former Head of State General Pinochet and the House of Lords: Part Three

Published online by Cambridge University Press:  03 March 2004

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Abstract

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The third decision of the House of Lords in the Pinochet matter is significant, because the House of Lords upheld the majority view taken in the first decision: heads of state can, under certain circumstances, be held responsible for gross violations of human rights in the criminal courts of a foreign country. The decision is based on three main pillars. The Lords had, first, to clarify what constitutes an extradition crime under the Extradition Act 1989; second, to construct torture as an international crime; and, finally, to reject the plea of immunity of a former head of state in the context of the international crime of torture.

Type
CURRENT LEGAL DEVELOPMENTS
Copyright
© 2000 Kluwer Law International