초록 열기/닫기 버튼


From 1998 through 2000, General Augusto Pinochet, the former dictator of Chilean authoritarian government, was detained in London pending possible extradition to Spain to face charges of terrorism, genocide, torture, and the other gross violations of human rights. For the first time, the domestic court of one nation was successfully used to enforce internationally recognized human rights principles against a former head of state for crimes committed in a different country. However, while judge Baltazar Garzn has received significant international attention for his aggressive prosecution of Pinochet, the impact of his contributions - both intellectual and practical - to human rights have been largely ignored. This paper outlines the Spanish case, the extradition order, and the subsequent legal and political debates assess the significance of this case. The combined use of international and domestic law to bring a former dictator to justice brings of several debates which are discussed in the concluding part of the paper: conflict between law and politics, definition of justice in human rights issues, and relations between universal jurisdiction and democracy.