The following law essay is concerned with the question of what is the current state of international law concerning heads of state in domestic courts for the international crime of torture? It will shed light on the question by discussing the Pinochet case which was in itself groundbreaking for international diplomatic law. This is because it limited the extended of the previously unchallenged functional immunity, diplomatic immunity regarding acts of torture. Furthermore, several other cases will be discussed to see the various interpretation of the current law by courts.
Inhaltsverzeichnis (Table of Contents)
- Introduction and Issue
- Ruling
- Application
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This law essay examines the current state of international law concerning heads of state in domestic courts for the international crime of torture. It uses the Pinochet case as a starting point to explore the limitations of functional immunity, diplomatic immunity regarding acts of torture. The essay then analyzes other relevant cases to illustrate different interpretations of current international law.
- Functional immunity and its limitations in relation to international crimes
- The impact of the Pinochet case on the traditional understanding of head of state immunity
- The role of customary international law in defining the status of heads of state
- The balance between state sovereignty and the prosecution of international crimes
- The evolving interpretation of ius cogens laws and their implications for head of state immunity
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction and Issue: This section introduces the essay's central question regarding the current state of international law on heads of state in domestic courts for the crime of torture. It highlights the groundbreaking nature of the Pinochet case and its impact on international diplomatic law.
- Ruling: This chapter focuses on the Pinochet case, examining the circumstances surrounding his arrest in London and the legal arguments presented. It explores the challenges posed by the application of functional immunity to acts of torture and the role of customary international law in defining the status of heads of state.
Schlüsselwörter (Keywords)
This essay focuses on the key concepts of international law, head of state immunity, functional immunity, customary international law, ius cogens, torture, and the Pinochet case. It explores the relationship between state sovereignty, international crimes, and the pursuit of justice.
- Citation du texte
- Otto Möller (Auteur), 2016, After the Pinochet case. What is the current state of international law concerning heads of state in domestic courts for the international crime of torture, Munich, GRIN Verlag, https://www.grin.com/document/459777
