The hidden histories of the Pinochet case

Abstract The world's imagination was caught by the 1998 arrest in London of General Augusto Pinochet on charges of egregious human rights crimes and the 16‐month battle to extradite him to Madrid. For the first time, a former head of state had, while travelling abroad, been arrested on such charges, with his claim to immunity being rejected by a national court. The case's notoriety increased when Lord Hoffman, a judge when it first came before the Law Lords, did not publicly disclose his links with Amnesty International, an intervenor in the proceedings. Pinochet's release on health grounds compounded the controversy. This article reveals hidden histories behind the Pinochet case, advancing our understanding of its progression and wider significance. It illuminates the relationship between law and politics, the role of personal views and judicial creativity in the UK's top court, the ways in which law operates in practice, and its promises and limitations.

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Publication Details

Journal
Journal of Law and Society
Published
2024-10-16
DOI
https://doi.org/10.1111/jols.12499
Primary Topic
Political and Social Dynamics in Chile and Latin America
Type
article
Field-Weighted Citation Impact
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article

The hidden histories of the Pinochet case

David Sugarman
Journal of Law and Society
Political and Social Dynamics in Chile and Latin America
article

The hidden histories of the Pinochet case

David Sugarman
article en

Abstract

Abstract The world's imagination was caught by the 1998 arrest in London of General Augusto Pinochet on charges of egregious human rights crimes and the 16‐month battle to extradite him to Madrid. For the first time, a former head of state had, while travelling abroad, been arrested on such charges, with his claim to immunity being rejected by a national court. The case's notoriety increased when Lord Hoffman, a judge when it first came before the Law Lords, did not publicly disclose his links with Amnesty International, an intervenor in the proceedings. Pinochet's release on health grounds compounded the controversy. This article reveals hidden histories behind the Pinochet case, advancing our understanding of its progression and wider significance. It illuminates the relationship between law and politics, the role of personal views and judicial creativity in the UK's top court, the ways in which law operates in practice, and its promises and limitations.

Journal of Law and SocietyVol. 51(4)
University of London (GB), Lancaster University (GB)
Peace, Justice and strong institutions
Openalex Percentile: Top 71%
Political and Social Dynamics in Chile and Latin America
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The hidden histories of the Pinochet case — David Sugarman · Journal of Law and Society (2024) | TGRS Research Map | TGRS