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The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe. Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases. These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.
The world of international law is expanding and changing at an accelerated pace. The International Legal System, 8th Edition captures the critical developments for law students as they prepare for the global legal marketplace. Important additions to the new edition include an entirely new chapter, Humanitarian Emergency, Health and Migration Law and a thoroughly revised International Economic Law chapter with extensive new material on trade, investment, and development. Materials on Russia's 2022 invasion of Ukraine have been added, as well as material on cryptocurrencies, and updates to the discussion on climate change and other global environmental concerns. Professor Diane Desierto has joined the book, bringing her expertise on international economic law, human rights, and dispute resolution. Together, the book's four authors have extensive knowledge and experience of five continents, making The International Legal System, 8th Edition the most international of all available international law casebooks. The book also retains its enduring strength: Investigating the inter-linkages of international, national, and regional law.
Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also now consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
As dictatorships topple around the world and transitional regimes
emerge from the political rubble, the new governments inherit a
legacy of widespread repression against the civilian population.
This repression ranges from torture, forced disappearances, and
imprisonment to the killings of both real and perceived political
opponents. Nonetheless, the official status of the perpetrators
shields them from sanction, creating a culture of impunity in which
the most inhumane acts can be carried out without fear of
repercussions. The new governments wrestle with whether or not to
investigate prior wrongdoings by state officials. They must
determine who, if any, of those responsible for the worst crimes
should be brought to justice, even if this means annulling a
previous amnesty law or risking a violent backlash by military or
security forces. Finally, they have to decide how to compensate the
victims of this repression, if at all.
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