Law Commons^™

To The Court Of Last Resort: A Prosecutorial Roadmap In The Aftermath Of State Violence In Chile And Colombia, David F. Scollan

University of Miami Inter-American Law Review

A great deal of academic research and writing has been done on the most glaring examples of war crimes and crimes against humanity. But, only a small cadre of authors have endeavored to identify the ‘lower limit’ of when state action qualifies as these heinous acts. This Note strives to add to that area of legal scholarship aimed at bringing instances of in-country state perpetrated violence out from the behind the veil of sovereign police action and into the spotlight to call them what they are: crimes worthy of international condemnation and punishment. Specifically, this Note unpacks two spasms of …

Political Disaffection And The Struggle Against Impunity, Joannie Jean Phd

Societies Without Borders

The end of the dictatorship in Chile happened in a climate of almost euphoria for the associations of victims and their families. The return of democracy to Chilean society was met with a hope that they would go back to the agenda for social justice laid out by Salvador Allende. 27 years after, the mobilisations of memory still struggle to be heard and have their claims met. Indeed, the groups are still ever present in the fabric of the society, searching for complete truth and effective justice. This paper seeks to shed light on the historical struggle for justice, truth …

A Long Road Or Dead End?: Justice For A Chilean General, Julio A. Sanchez, Anita Sinha

Human Rights Brief

No abstract provided.

How States Respond To The Human Rights Violations Of A Past Dictatorship: The Cases Of Argentina And Chile, Michaela Drucker

Senior Theses and Projects

Many countries around the world have suffered from disastrous dictatorships riddled with human rights abuses. This thesis aims to answer the question of what happens after the dictatorship to address these human rights violations and why the responses differ from country to country. This paper poses six possible explanations as to what motivates justice, specifically prosecutions against former perpetrators: 1) the heinousness of the human rights violations, 2) the type of transition, 3) the legal structure, 4) the role of the executive, 5) international pressure through transnational advocacy networks, and 6) diffusion theory--the occurrence of similar justice policies in geographically …

The Mandarins Of The Law: Pro Bono Legal Work From A Comparative Perspective, Daniel Bonilla Maldonado

Indiana Journal of Global Legal Studies

In Part I, I present the elements that form the standard global concept of pro bono work. Pro bono work is a global phenomenon defined by, and based on, a transnational discourse. In the first section of Part I, I argue that this transnational discourse conceptualizes pro bono work as a set of institutionalized free legal services that lawyers voluntarily provide to people with few financial resources or to protect the public interest. In the three following sections, I specify and analyze the concepts of subject, time, and space that this understanding of pro bono work creates, to present the …

Can Domestic Courts Adequately Address Past Torture? The García-Lucero Case And The Meeting Of Justice And Reparations Obligations For Chilean Torture Survivors, Cath Collins

Transitional Justice Review

The Americas, home to perhaps the most concerted domestic court effort to prosecute past atrocity crimes in recent times, also has a two-tier regional human rights system that came of age in the era of mass violations in 1970s and 1980s Latin America. Inter-American Court of Human Rights (IACtHR) jurisprudence since the late 1990s can be understood as creating a strong presumption of a present duty to prosecute such crimes, and to actively guarantee corresponding rights to truth, justice, reparations and guarantees of non-repetition – transitional justice rights – to affected individuals or groups. The recent, 2013, IACtHR verdict in …

Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger

Touro Law Review

No abstract provided.

Remembering The Past And Struggling For Justice: The Contested Legacy Of Authoritarian Rule In Chile, Rebecca Evans

Human Rights & Human Welfare

A review of:

Battling for Hearts and Minds: Memory Struggles in Pinochet’s Chile, 1973-1988. Vol. 2 of The Memory Box of Pinochet’s Chile. By Steven J. Stern. Durham, NC: Duke University Press, 2006. 247pp.

and

Remembering Pinochet’s Chile: On the Eve of London 1998. Vol. 1 of The Memory Box of Pinochet’s Chile. By Steven J. Stern. Durham, NC: Duke University Press, 2004. 538pp.

and

The Pinochet Effect: Transnational Justice in the Age of Human Rights. By Naomi Roht-Arriaza. Philadelphia: University of Pennsylvania Press, 2005. 256pp.

Earthquakes And Expectations In Haiti And Chile, Robert Funk

Human Rights & Human Welfare

Although 2010 was a bicentenary year for many countries in Latin America, that the year was a memorable one for Chileans is due less to celebrations of independence than to two disasters— one natural and one man-made—and to the country’s response to them. The usual year-end retrospectives tended to emphasize the February 27 earthquake and the accident and rescue at the San José mine much more than the light shows and other forgettable pyrotechnics of the bicentenary. But as with the bicentenary, both the earthquake and the San José disaster enabled the authorities and the average Chilean to indulge in …

Stop Sending Mixed Signals To General Pinochet, Lance A. Compa

Lance A Compa

[Excerpt] We should not apologize for U.S. enforcement of the new labor rights laws against Chile. Critics have attacked them as "backdoor protectionism" aimed at keeping out foreign products. U.S. unionists, though, report a genuine enthusiasm among their rank-and-file members, not for the prospect of shutting out foreign goods but the hope of better pay and working conditions for their foreign counterparts.

Human Rights In Chile, Stephanie Raessler

Human Rights & Human Welfare

Chile might evoke memories of Augosto Pinochet and his brutal reign, though there is more to this country than an oppressive authoritarian regime. A history of politics longer than Pinochet's rule has shaped Chile's current situation. Many issues recur across Chilean history, and continue to influence the present.

The Ripple Effect Of The Pinochet Case, Stacie Jonas

Human Rights Brief

No abstract provided.

Facilitating Communications And Murder: Operation Condor And United States Complicity, Ibpp Editor

International Bulletin of Political Psychology

This article explores levels of United States Government (USG) complicity during the late 1970s in the murder of individuals alleged to have been left-wing opponents of South American, right-wing, authoritarian governments.

Now We Know About Pinochet, But Where Do We Go From Here?, Gerald Robert Pace

Human Rights & Human Welfare

A review of Chile Under Pinochet: Recovering the Truth. Philadelphia: University of Pennsylvania Press (Pennsylvania Studies in Human Rights), 1999. 296pp.

General Augusto Pinochet, who served as military and civil leader of Chile from 1973 until 1990, forged perhaps one of the most authoritarian regimes ever to govern in the Western Hemisphere. Spearheading the violent coup d’état that ousted socialist President Salvador Allende, Pinochet not only achieved power, but also created a personalistic dictatorship bolstered by a military run governmental bureaucracy to secure his rule. And indeed, this combination perpetuated Pinochet’s seventeen-year tenure.

Center News: The Pinochet Precedent: Legal Obstacles And New Approaches To Prosecuting Crimes Against Humanity, Teresa Young Reeves

Human Rights Brief

No abstract provided.

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …

Prosecuting Pinochet In Spain , Richard J. Wilson

Human Rights Brief

No abstract provided.

Profile Of Dr.Juan E. Garces, Chief Lawyer In The Spanish Case Against General Augusto Pinochet , Sarah C. Aird, Teven Hernandez

Human Rights Brief

No abstract provided.