International Criminal Law, Corruption, and Law Enforcement

On the basis of an arrest warrant issued by a judge in Spain, British authorities are holding General Augusto Pinochet, the former head of state of Chile, on Spanish charges of crimes against humanity, including genocide and terrorism, that are alleged to have occurred during Pinochet's rule in Chile. It is anticipated that a request to extradite him to Spain will be forthcoming. 

 

Introduction 

According to news reports, General Augusto Pinochet has been indicted in Chile on kidnapping charges arising out of the disappearance of 19 political opponents in the first months of his rule in Chile, which began in 1973.  In August 2000, the Chilean Supreme Court had removed his immunity from prosecution under Chilean law.

 

According to news reports, a French appeals court has held that the Libyan head of state, Muammar Qadhafi, could be prosecuted in France for his alleged role in the bombing of a French airliner over Niger in 1989. French prosecutors have opposed the prosecution, arguing that Qadhafi is entitled to head-of-state immunity in the French courts, but an investigating magistrate rejected the argument and the appeals court upheld that decision. The prosecutor is likely to appeal to the Court of Cassation, the highest court in France.