International Criminal Law Review 10 (2010) 535–547 © Koninklijke Brill NV, Leiden, 2010 DOI 10.1163/157181210X518992 brill.nl/icla International Criminal Law Review Th e Treatment of International Crimes in Chilean Jurisprudence: A Janus Face José Luis Guzmán Dalbora * Professor of Criminal Law, Universidad de Valparaíso, Chile Abstract Th is article discusses how Chilean jurisprudence has reviewed the crimes perpetrated by the mili- tary regime that ruled Chile from 1973 to 1990. Because the Chilean legislation did not have a catalogue of international crimes until 2009, the jurisprudence had to prosecute the military regime’s crimes as common oﬀ ences—mainly as abductions and murders. After years of resistance to accept international principles, the attitude of higher courts, especially the Supreme Court, started to change in the nineties, consistent with the consolidation of the restored democracy. Th is change is especially reﬂ ected in the question of the validity of the prosecution of these crimes, which were hindered by an amnesty law issued in the period of the military regime and by the statute of limitations. As the Amnesty Law is no longer applicable, today the debate focuses on the non- applicability of the statute of limitations. All this has led to
International Criminal Law Review – Brill
Published: Jan 1, 2010
Keywords: LEGALITY PRINCIPLE; AMNESTY; INTERNATIONAL CRIMES; ORDINARY OFFENCES; NON-APPLICABILITY OF THE STATUTE OF LIMITATIONS
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