mussolini_linguini
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The idea of international justice is a very broad and confusing one. Many cases involving international law are complex and raise many questions about what is just and what is unjust. One such example is the case of Augusto Pinochet. Pinochet's trial has created great controversy. Many believe that his sudden arrest was unfair. Others believe that his arrest was unfair due to the fact that the countries prosecuting him were indifferent bystanders. It is clear that the arrest and possible trial of Pinochet is unjust due to these and many other arguable points. Pinochet's military commanders on the other hand, have committed many horrible acts of violence. One in particular, General Manuel Contreras, has been involved in borabings, torture and murder. Pinochet is being prosecuted on irrelevant grounRAB while his military commanders are very much responsible for their horrific actions.
When Augusto Pinochet was arrested in London last October, it was more than twenty-five years after he came into power. British authorities arrested him on the request of a Spanish magistrate who wants Pinochet prosecuted for the abuse of Chilean nationals. His arrest was completely unexpected. He had a diplomatic passport on a Chilean arms purchasing mission. Pinochet had no idea that he could be arrested because no previous head of state had ever been tried in this manner. Pinochet is also being held responsible for offences committed by the Chilean police, even if Pinochet himself was not aware of the police brutality.
Contreras was the mastermind behind many projects and missions, whose main goal was to hunt down leftist enemies. It was his secret police that killed more than two thousand union leaders and leftists, and disposed of the bodies either in the Pacific or buried in mass graves in northern Chile. Contreras also organized "Operation Condor" which was a secret plan involving many South American countries. This project involved hunting down leftist enemies, escorting them across international borders and then torturing and murdering them. The military commanders who were involved in these "projects" are just as responsible for these crimes as Contreras is. The one question that remains however is whether or not Pinochet was aware of these crimes or even ordered them. No one knows for sure, which is why the case against Pinochet is so readily argued.
The fact that Spain is becoming involved in the prosecution of Pinochet is absolutely ludicrous. They are trying to prosecute Pinochet for his own political actions in his own country. Even the Chilean government has declined to prosecute him or even remove him from his seat in the senate. Spain is an outsider interfering in the state affairs of another country. They are acting based upon The House of LorRAB decision, which allowed Spain to assert universal jurisdiction to prosecute violators of the Convention Against Torture. But this Convention is only applicable to actions committed after Deceraber 1988, and since Pinochet was only in power for thirteen more months, this leaves little basis for prosecution.The case of Pinochet is unjust and unfair. He was arrested without warning and by a country who is simply an outsider looking in. The Chilean government has not prosecuted Pinochet, yet Spain is willing to go against the Chilean Governments decision. His military commanders tortured and murdered many, and there is evidence to support this. It is not known if Pinochet was aware of these crimes, for there is no evidence to indicate that he was. The case against the many military commanders involved is most definitely relevant while the case against Pinochet is not entirely relevant. Whether he is innocent or guilty is not known, but he could fall under either category. There is no evidence to prove either innocence or guilt. The case against Pinochet causes many problems with international justice. The precedent in this case invites any country to launch a prosecution against leaders of any other country, who they feel have committed a crime against humanity. This new system of "justice" also brings about many other important ideas. The precedent in this case also allows for countries to prosecute others whenever it suits their own sense of justice. It also leaves room for personal disputes and conspiracies, which will most definitely lead to a complete misinterpretation of international law in the future.
When Augusto Pinochet was arrested in London last October, it was more than twenty-five years after he came into power. British authorities arrested him on the request of a Spanish magistrate who wants Pinochet prosecuted for the abuse of Chilean nationals. His arrest was completely unexpected. He had a diplomatic passport on a Chilean arms purchasing mission. Pinochet had no idea that he could be arrested because no previous head of state had ever been tried in this manner. Pinochet is also being held responsible for offences committed by the Chilean police, even if Pinochet himself was not aware of the police brutality.
Contreras was the mastermind behind many projects and missions, whose main goal was to hunt down leftist enemies. It was his secret police that killed more than two thousand union leaders and leftists, and disposed of the bodies either in the Pacific or buried in mass graves in northern Chile. Contreras also organized "Operation Condor" which was a secret plan involving many South American countries. This project involved hunting down leftist enemies, escorting them across international borders and then torturing and murdering them. The military commanders who were involved in these "projects" are just as responsible for these crimes as Contreras is. The one question that remains however is whether or not Pinochet was aware of these crimes or even ordered them. No one knows for sure, which is why the case against Pinochet is so readily argued.
The fact that Spain is becoming involved in the prosecution of Pinochet is absolutely ludicrous. They are trying to prosecute Pinochet for his own political actions in his own country. Even the Chilean government has declined to prosecute him or even remove him from his seat in the senate. Spain is an outsider interfering in the state affairs of another country. They are acting based upon The House of LorRAB decision, which allowed Spain to assert universal jurisdiction to prosecute violators of the Convention Against Torture. But this Convention is only applicable to actions committed after Deceraber 1988, and since Pinochet was only in power for thirteen more months, this leaves little basis for prosecution.The case of Pinochet is unjust and unfair. He was arrested without warning and by a country who is simply an outsider looking in. The Chilean government has not prosecuted Pinochet, yet Spain is willing to go against the Chilean Governments decision. His military commanders tortured and murdered many, and there is evidence to support this. It is not known if Pinochet was aware of these crimes, for there is no evidence to indicate that he was. The case against the many military commanders involved is most definitely relevant while the case against Pinochet is not entirely relevant. Whether he is innocent or guilty is not known, but he could fall under either category. There is no evidence to prove either innocence or guilt. The case against Pinochet causes many problems with international justice. The precedent in this case invites any country to launch a prosecution against leaders of any other country, who they feel have committed a crime against humanity. This new system of "justice" also brings about many other important ideas. The precedent in this case also allows for countries to prosecute others whenever it suits their own sense of justice. It also leaves room for personal disputes and conspiracies, which will most definitely lead to a complete misinterpretation of international law in the future.