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The First Pinochet Case

Immunity of a Former Head of State

Bibliographic Data

ID9931507
AuthorsColin Warbrick (corresponding author), Dominic Mcgoldrick, Hazel Fox
Year1999
Volume48
Issue1
Pages207-216
Publication date1999-01-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInternational and Comparative Law Quarterly (JOURNAL)
Journal identifiersISSN: 0020-5893 • E-ISSN: 1471-6895
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s0020589300062965
OpenAlexW2152162912
LanguageEN
Citations received4
References cited1

The case of Pinochet has aroused enormous interest, both political and legal. The spectacle of the General, whose regime sent so many to their deaths, himself under arrest and standing trial has stirred the hopes of the oppressed. His reversal of fortune, loss of liberty with a policeman, on the door, has been heralded by organisations for the protection of human rights as one small step on the long road to justice. For lawyers generally, the House of Lords' majority decision of 1998 that General Pinochet enjoyed no immunity signalled a shift from a State-centred order of things. 1 It suggested that the process of restriction of State immunity, so effectively begun with the removal of commercial transactions from its protection, might now extend some way into the field of criminal proceedings. And it further posed the intriguing question whether an act categorised as within the exercise of sovereign power, so as to relieve the individual official of liability in civil proceedings, may at the same time, as well as subsequent to his retirement, attract parallel personal criminal liability

Business · Human rights · Law and economics · Legal liability · Liability · Order (exchange · Political science · Politics · Power (physics · Sociology · State (computer science · State immunity · Criminal Law and Evidence · European and International Law Studies · International Law and Human Rights · Law

  • The Pinochet Case No. 3

    Open Access•Colin Warbrick, Dominic Mcgoldrick et al.•International and Comparative Law…•1999

  • The Statute of the International Criminal Court

    Open Access•Danesh Sarooshi•International and Comparative Law…•1999

  • Years of Legal Scholarship in the International and Comparative Law Quarterly

    Open Access•Catherine Redgwell•International and Comparative Law…•2012

  • I. The Future of Former Head of State Immunity after ex Parte Pinochet

    Open Access•Colin Warbrick, Dominic Mcgoldrick et al.•International and Comparative Law…•1999

Unique citing works4
Citations per year0.15
Citation span1999 - 2012 (14)
Citation velocityhistorical
Highly citedNo
Citation typesNeutral: 4

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