ASPECTE TEORETICO-PRACTICE PRIVIND APLICAREA PRINCIPIULUI JURISDICȚIEI UNIVERSALE ÎN CAZUL PINOCHET
Theoretical and Practical Aspects Regarding the Application of the Principle of Universal Jurisdiction in the Pinochet Case

Author(s): Ioan-Ciprian DOSPINOIU
Subject(s): Law, Constitution, Jurisprudence
Published by: Academia de Poliţie »Alexandru Ioan Cuza« Bucureşti
Keywords: universal jurisdiction; immunity; Pinochet; the palace of the lords; international crimes
Summary/Abstract: The principle of international jurisdiction is considered today as a pillar of internationalcriminal law. However, its recognition was not a process unanimously accepted by experts, but evenmore so bay states. Initially promoted at an international level during the Nuremberg trial after theSecond World War, at the end of the 20th century the concept of universal jurisdiction graduallybegan to be promoted of the national level as well. However, the Pinochet case is a special one in thissense, sparking multiple discussions at the expert level and may be to some extent a symbol of therecognition of the imperative nature of universal jurisdiction in the case of the responsibility ofpersons who have committed international crimes, including war crimes, crimes against of humanityor genocide. The truth is that the Pinochet case greatly, if indirectly, influenced the position of statesin criminal law at the national level in relation to responsibility for committing such illegal acts.

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