The Treatment of International Crimes in Chilean Jurisprudence: A Janus Face

The Treatment of International Crimes in Chilean Jurisprudence: A Janus Face 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 As the Amnesty Law is no longer applicable, today the debate focuses on the non- applicability of the statute of limitations.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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

The Treatment of International Crimes in Chilean Jurisprudence: A Janus Face

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Publisher
Brill
Copyright
© 2010 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
D.O.I.
10.1163/157181210X518992
Publisher site
See Article on Publisher Site

Abstract

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

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2010

Keywords: LEGALITY PRINCIPLE; AMNESTY; INTERNATIONAL CRIMES; ORDINARY OFFENCES; NON-APPLICABILITY OF THE STATUTE OF LIMITATIONS

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