| Notes on Contributors | ix |
| Foreword | xi |
1 | Introduction: Law and politics in the Pinochet case | 1 |
| An overview of events | 2 |
| The Chilean dimension | 6 |
| Law vs politics in the national arena | 10 |
| Geo-politics and international law | 14 |
Part 1 | Context | |
2 | Kissinger and Pinochet facing universal jurisdiction | 25 |
| The international context for the rise and consolidation of a criminal state in Chile | 26 |
| Kissinger's retrospective view in 2001 | 29 |
| International law, crimes against humanity and universal criminal jurisdiction | 35 |
3 | Constitutional and political foundations of impunity in Chile | 43 |
| Internal security, the armed forces and military law in the Iberian tradition | 44 |
| The military fuero and jurisdiction of military tribunals over civilians Fusion of military and civilian authority | 47 |
| Nation-building, constitutions and the armed forces after Independence | 51 |
| Regimes of exception | 52 |
| National security and military law | 53 |
| Chile 1973-1990 | 56 |
| Immunity, impunity and the Pinochet case: hope for the future? | 60 |
4 | The Pinochet factor in Chilean politics | 63 |
| The Pinochet project | 65 |
| Creating the new institutional and constitutional structure | 66 |
| Democratising the Pinochet structure | 69 |
| Civil--military relations | 71 |
| The changing attitudes of the military | 72 |
| The Supreme Court and the role of the judiciary | 75 |
| Pinochet, the civilian right and public opinion | 79 |
| Conclusion | 82 |
Part 2 | Legal Progress | |
5 | The progress of Pinochet through the UK extradition procedure; an analysis of the legal challenges and judicial decisions | 87 |
| Pinochet challenges the validity of the warrants (Pinochet 1) | 88 |
| The Home Secretary exercises his discretion | 94 |
| Pinochet challenges the House of Lords decision (Pinochet 2) | 96 |
| The House of Lords rehears the appeal (Pinochet 3) | 99 |
| The case returns to the Home Secretary | 103 |
| Conclusion | 105 |
6 | The Pinochet case in the Chilean courts | 107 |
| Preliminary issues | 107 |
| Justice in the democratic transition | 111 |
| Pinochet's trial | 112 |
| The Special Judges | 120 |
| Conclusion | 121 |
Part 3 | Politics | |
7 | The politics of the Pinochet case in the United Kingdom | 125 |
| The arrest | 127 |
| Political pressures at the start of the case | 130 |
| A matter for the courts | 134 |
| A changed context | 139 |
| Conclusion | 144 |
8 | Spanish public opinion and the Pinochet case | 145 |
| Spanish justice | 145 |
| The Spanish government and the extradition proceedings | 151 |
| Social forces | 156 |
| The Opposition | 159 |
| The press | 163 |
| Conclusion | 167 |
9 | The consequences of the Pinochet case for Chilean politics | 169 |
| Augusto Pinochet: a strong dictator with popular support | 170 |
| The position of the government and Concertacion parties | 173 |
| The response of the army | 177 |
| The right-wing and business leaders | 180 |
| Internal factors favouring Pinochet's trial in Chile | 184 |
| Conclusion | 188 |
Part 4 | Implications and Effects | |
10 | Of catalysts and cases: transnational prosecutions and impunity in Latin America | 191 |
| Amnesty, domestic investigations and the role of the judiciary | 192 |
| Developments within Argentina | 194 |
| Related cases in other national courts | 198 |
| The Guatemalan experience | 207 |
| Conclusion | 210 |
11 | The Pinochet case and the changing boundaries of democracy | 212 |
| Transnationalising the search for justice: four cases | 213 |
| Elite pacts and popular sovereignty: who are 'the people'? | 220 |
| Shifting sovereign boundaries and the impact on democratic governance | 222 |
| National courts, international jurisdiction | 225 |
| Obstacles in the way of universal justice | 227 |
| Conclusion | 229 |
12 | International law after the Pinochet case | 231 |
| The principle of universal criminal jurisdiction | 232 |
| A series of immunities | 239 |
| Universal jurisdiction: an international criminal court | 242 |
| Conclusion | 249 |
| Select bibliography | 252 |
| Index | 261 |