From: stephen@sprunk.org   
      
   On 11-Dec-15 09:02, Adam H. Kerman wrote:   
   > Stephen Sprunk  wrote:   
   >> On 10-Dec-15 19:01, Charles Ellson wrote:   
   >>> As applied to General Pinochet when there was an attempt to deal   
   >>> with him in the UK some years ago, that's sovereign immunity not   
   >>> diplomatic immunity (which most "sovereigns" be they monarchs or   
   >>> presidents don't have).   
   >   
   >> It was a UK law, not international law, that extended state   
   >> immunity in UK courts to former heads of state; the House of Lords   
   >> ruled that didn't protect crimes against humanity or thus Pinochet.   
   >> However, extradition to Spain was denied on medical grounds, and he   
   >> was sent home to Chile.   
   >> ...   
   >> Diplomatic immunity never came up because he wasn't a diplomat when   
   >> he was arrested. . . .   
   >   
   > Several points:   
   >   
   > 1) It's the Law Lords, ...   
      
   Correction noted, but it's immaterial.   
      
   > 2) The appeal had to be reheard ...   
      
   Also immaterial.   
      
   > 3) The big big point: Most of the charges were dropped because   
   > Pinochet was being prosecuted ex post facto; the UK didn't adopt   
   > legislation implementing the UN Convention Against Torture until   
   > 1988, and Pinochet could not be tried on charges from alleged crimes   
   > before the legislation came into effect. I don't know what crimes   
   > Pinochet could have been charged with that late in his rule as the   
   > really awful stuff took place within a few years of the coup.   
      
   The UK quashed the warrant with respect to several of the charges on   
   such grounds, but he wasn't to be tried in a UK court anyway, so it   
   didn't matter in practice because at least one charge survived.   
      
   Whether those charges would have survived in a Spanish (or Chilean)   
   court is an interesting question, but it's moot now.   
      
   > 4) I remember at the time I didn't understand how Spain attempted   
   > to assert jurisdiction over Pinochet, ...   
      
   Spain asserted universal jurisdiction, and the UK recognized it, which   
   is what established the jurisdiction of _all_ courts over _all_ crimes   
   against humanity under international law.   
      
   That Pinochet was not actually extradited to Spain is a bizarre twist,   
   but it doesn't affect the precedent he unwittingly established.   
      
   S   
      
   --   
   Stephen Sprunk         "God does not play dice."  --Albert Einstein   
   CCIE #3723         "God is an inveterate gambler, and He throws the   
   K5SSS        dice at every possible opportunity." --Stephen Hawking   
      
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