Final published version
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Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - The hidden histories of the Pinochet case
AU - SUGARMAN, DAVID
PY - 2024/12/31
Y1 - 2024/12/31
N2 - 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.
AB - 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.
U2 - 10.1111/jols.12499
DO - 10.1111/jols.12499
M3 - Journal article
VL - 51
SP - 459
EP - 490
JO - Journal of Law and Society
JF - Journal of Law and Society
SN - 0263-323X
IS - 4
ER -