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5 ILSA J. Int'l & Comp. L. 467 (1998-1999)
Human Rights and Sovereign and Individual Immunities (Sovereign Immunity, Act of State, Head of State Immunity and Diplomatic Immunity) - Some Reflections

handle is hein.journals/ilsaic5 and id is 513 raw text is: HUMAN RIGHTS AND SOVEREIGN AND INDIVIDUAL IMMUNITIES (SOVEREIGN IMMUNITY, ACT OF STATE, HEAD OF STATE IMMUNITY AND DIPLOMATIC IMMUNITY) - SOME REFLECTIONS Ved P. Nanda* I. INTRODUCTION ......................................................... 467 II. THE PINOCHET CONTROVERSY ...................................... 467 III. SOVEREIGN IMMUNITY ................................................ 469 IV. ACT OF STATE ......................................................... 473 V. HEAD OF STATE IMMUNITY .......................................... 475 VI. DIPLOMATIC IMMUNITY ............................................... 477 VII. CONCLUSION ........................................................... 478 I. INTRODUCTION Reflections on the application of sovereign and individual immunities law are especially pertinent in light of the controversy surrounding the arrest and trial of General Augosto Pinochet in Britain, at the request of a Spanish magistrate on charges of murder, hostage-taking, and torture during his seventeen year rule in Chile. This commentary will briefly review the controversy in the next section. The following sections will discuss sovereign immunity, act of state, head of state immunity and diplomatic immunity in connection with human rights violations. In the final section, I will offer my recommendations. II. THE PINOCHET CONTROVERSY At the Spanish request and pursuant to British procedures the Lord Chief Justice of the High Court, Queen's Bench, interpreted the applicable United Kingdom statutes, including the United Kingdom Extradition Act of 1989, the State Immunity Act of 1978 and the Diplomatic Privileges Act of 1964. The Court held that the former dictator was entitled to immunity as a former sovereign from the criminal and civil process of the English courts.' The court stated that a former head of state is clearly entitled to * Professor Ved P. Nanda teaches at the University of Denver. 1. In re Augosto Pinochet Ugarte, CO/4074/98, CO/4083/98 (October 28, 1998), para. 74, cited in ASIL, International Law in Brief, Vol. I, No. 4, Dec. 1998, at 2.

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