scholarly journals The Pinochet Judgement: New Accountability for Old Dictators

2001 ◽  
Vol 32 (2) ◽  
pp. 463
Author(s):  
Sarah L Murphy
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Crimes Against Humanity ◽  
Sovereign Immunity ◽  
The United Kingdom ◽  
Head Of State ◽  
House Of Lords ◽  
International Obligations ◽  
Main Components ◽  
Heads Of State

This article analyses the groundbreaking 1999 judgment of the House of Lords on the question of the extradition of Pinochet from the United Kingdom to Spain for crimes committed during his time as Head of State of Chile. It examines the two main components of the judgment:  that Pinochet's status as former Head of State of Chile did not allow him to benefit from sovereign immunity for acts of torture committed during his reign; and that he could be extradited to Spain for acts of torture committed after 1989, when the United Kingdom codified its obligations under the Torture Convention.  It supports the conclusion that the laws against torture override the immunity of former Heads of State, and suggests that the reasoning could be extended to apply to other crimes against humanity, and where the accused is an incumbent Head of State.  On the question of extradition, it argues that the Law Lords had several avenues open under which Pinochet could have been extradited to face all counts of torture. It concludes with an analysis of the New Zealand legislation and case law on sovereign immunity, the prosecution of crimes against humanity, and extradition, and suggests several law reforms to bring New Zealand legislation in line with evolving international obligations to prosecute or extradite the perpetrators of crimes against humanity. 

9. Immunities from National Jurisdiction

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Law ◽  
International Organisations ◽  
Sovereign Immunity ◽  
State Immunity ◽  
The United Kingdom ◽  
Head Of State ◽  
National Jurisdiction ◽  
Per Se ◽  
Heads Of State ◽  
The Relationship

States and international organisations and their representatives in the courts of other States enjoy immunity from legal process. This immunity can be split conveniently into State (or sovereign) immunity, and diplomatic and consular immunities. The first concerns foreign States per se (including the Head of State), while the second concerns the personal immunities enjoyed by representatives of those States. This chapter discusses the general principles of state immunity in international law; state immunity in the United Kingdom; Heads of State and other holders of high-ranking office; the relationship between immunity and acts contrary to international law; the immunities of international organisations and their staff; and diplomatic and consular immunities.

The Pinochet Case No. 3

1999 ◽  
Vol 48 (3) ◽  
pp. 687-702 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
Hazel Fox
Keyword(s):  
United Kingdom ◽  
International Crime ◽  
Criminal Proceedings ◽  
The United Kingdom ◽  
Head Of State ◽  
House Of Lords

The decision of the Appellate Committee of the House of Lords, given on 24 March 1999,1 confirms, by the impressive vote of 6 to 1, the earlier majority ruling that a former head of state enjoys no immunity in extradition or criminal proceedings brought in the United Kingdom in respect of the international crime of torture.

scholarly journals Executive power and the head of state: issues arising from proposals to establish a republic

2009 ◽  
Vol 5 (1) ◽  
Author(s):  
Dennis Rose
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Prime Minister ◽  
Executive Power ◽  
Power Relationship ◽  
The United Kingdom ◽  
Head Of State

In New Zealand executive power is concentrated in the hands of the prime minister and ministers, all being members of an elected parliament upon whose continuing support they depend. This substantive power relationship is embedded in a constitutional structure in which an appointed governor-general acts as head of state, as representative of the monarch, who is also the monarch of the United Kingdom. By convention and law the head of state acts on the advice of the prime minister and ministers in all but exceptional circumstances.

I. The Future of Former Head of State Immunity after ex Parte Pinochet

1999 ◽  
Vol 48 (4) ◽  
pp. 937-949 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
J. Craig Barker
Keyword(s):  
United Kingdom ◽  
Wide Spectrum ◽  
Prima Facie ◽  
Considerable Reduction ◽  
State Immunity ◽  
The United Kingdom ◽  
Initial Impression ◽  
Head Of State ◽  
House Of Lords ◽  
The Future

While lacking the raw excitement of the live “penalty shoot-out” that was the announcement of the decision of the House of Lords in Reg. v. Bow Street Magistrate, ex parte Pinochet,1 the initial impression of the decision in Reg. v. Bow Street Magistrate, ex parte Pinochet (No. 3)2 was of a solid majority support for the position that Pinochet was not entitled to immunity in the United Kingdom in respect of the criminal acts he is alleged to have committed. Even as Lord Browne-Wilkinson attempted to explain the intricacies of the decision, the matter of immunity appeared settled and of secondary consideration to the “new” requirement of double criminality which alone, it seemed, had resulted in the considerable reduction in the list of crimes for which Pinochet could be extradited to Spain. Closer examination of the reasoning of their Lordships, however, quickly dispels that impression and reveals a range of opinions across a wide spectrum. What agreement there was between their Lordships on the matter of Pinochet's immunity from jurisdiction is diverse and often contradictory. In particular, the Lordships who formed the majority were equally divided on the question as to whether Pinochet was acting within his official capacity when carrying out the acts of which he is accused. Given that immunity rationae materiae appears to be available only in respect of official acts, it is difficult to see how the six could have agreed on the fact that Pinochet was not entitled to such immunity. Indeed, given the fact that Lord Goff (dissenting) was of the opinion that the alleged acts were performed in the course of Pinochet's functions as head of state, there was in fact a majority in favour of the prima facie existence of immunity rationae materiae.

A Comparative Study of the State of Ethics in Youth Work Practice in Jamaica, Australia, New Zealand and the United Kingdom

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Cleopatra Monique Parkins
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Code Of Ethics ◽  
Critical Role ◽  
Work Practice ◽  
Primary Data ◽  
Youth Work ◽  
Youth Workers ◽  
Ethical Practices ◽  
The United Kingdom

Even though youth work has played a critical role in fostering the holistic development of today’s youth, much controversy has surrounded the practice. Nevertheless, youth workers are slowly being accorded professional status, and a code of ethics has been developed in some jurisdictions. Some states are still to adopt this code; consequently the credibility of youth workers and the sector in general sway with the wind. This article presents a comparative analysis of ethical practices of youth work in Jamaica, Australia, New Zealand and the United Kingdom, examining current trends in observing ethics and addressing ethical issues. In the case of Jamaica, the researcher used the non-probability convenience sampling technique and collected primary data from a questionnaire administered to a sample of youth workers. The perspective of the ministerial arm responsible for youth work in Jamaica was also captured through an interview. In the case of Australia, New Zealand and the United Kingdom, the framework of the profession and specifically matters pertaining to ethical practices were examined through the use of secondary data sources, which included reports on youth work practices in the selected countries. A mixed methodology was employed in analysing the data collected. The major findings of this study confirmed that advancing youth work as a profession is dependent on the acceptance and integration of a formal code of ethics, that youth workers must receive training on ethics and that a national youth work policy is important to guide youth work practice. In accordance with the findings, the researcher makes a number of recommendations and highlights notable best practices that may help with the overall professionalisation of the sector.

The International Law Standard in the Statutes of Australia and the United Kingdom

1979 ◽  
Vol 73 (4) ◽  
pp. 628-646 ◽  
Author(s):  
James Crawford
Keyword(s):  
United States ◽  
United Kingdom ◽  
New Zealand ◽  
International Relations ◽  
International Law ◽  
20Th Century ◽  
Foreign Affairs ◽  
Robert Wilson ◽  
The United Kingdom ◽  
International Role

In a series of articles in this Journal, Professor Robert Wilson drew attention to the incorporation of references to international law in United States statutes, a technique designed to allow recourse to international law by the courts in interpreting and implementing those statutes, and, consequently, to help ensure conformity between international and U.S. law. The purpose of this article is to survey the references, direct and indirect, to international law in the 20th-century statutes of two Commonwealth countries in order to see to what extent similar techniques have been adopted. The choice of the United Kingdom and the Commonwealth of Australia as the subjects of this survey is no doubt somewhat arbitrary (although passing reference will be made to the legislation of Canada and New Zealand). But the United Kingdom, a semi-unitary state whose involvement in international relations has been substantial throughout the century, and the Commonwealth of Australia, a federal polity with substantial legislative power over foreign affairs and defense -whose international role has changed markedly since 1901, do provide useful examples of states with constitutional and legislative continuity since 1901, and (as will be seen) considerable legislative involvement in this field.

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