Pinochet Effect Transnational Justice in the Age of Human Rights

ISBN-10: 0812219740
ISBN-13: 9780812219746
Edition: 2005
List price: $24.95
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Description: "An electrifying account of Pinochet's extradition proceedings, as it played throughout the international community. . . . A 'must' read"--American Society of International Law "Newsletter "Naomi Roht-Arriaza has produced a modern day version of  More...

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Book details

List price: $24.95
Copyright year: 2005
Publisher: University of Pennsylvania Press
Publication date: 8/18/2006
Binding: Paperback
Pages: 272
Size: 6.00" wide x 9.00" long x 0.75" tall
Weight: 0.902
Language: English

"An electrifying account of Pinochet's extradition proceedings, as it played throughout the international community. . . . A 'must' read"--American Society of International Law "Newsletter "Naomi Roht-Arriaza has produced a modern day version of Hannah Arendt's classic "Eichmann in Jerusalem. Although nonfiction, "The Pinochet Effect reads like a novel, eloquently recounting the saga and consequences of one of the most important cases of our time."--Michael P. Scharf, author of "Slobodan Milosevic on Trial. "Examines how a series of international human rights cases involving members of the Chilean and Argentine military governments has lead to the ability to prompt investigations and prosecutions in other countries when human rights violations occur. Roht-Arriaza provides a carefully balanced presentation of the cases, portraying the human dimensions as well as the systemic impact of these events. Her argument sheds light on the dynamics of the role of international law in the transitions to democratic rule, but it always acknowledges the limits of such universal standards across the board unless they find their enforcement at the domestic level."--"Choice 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 thismeticulously 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. Naomi Roht-Arriaza is Professor of Law at the University of California Hastings College of Law. She is the author of "Impunity and Human Rights Violations in International Law and Practice.

Preface
The Beginning
The Adventures of Augusto Pinochet in the United Kingdom: A "Most Civilized Country"
The Investigations Come Home to Chile
Argentina: Truth and Consequences
The European Cases
Operation Condor Redux
The Legal Legacy of Pinochet: Universal Jurisdiction and Its Discontents
The Actors Behind the Pinochet Cases
Notes
Bibliography
Index
Acknowledgments

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