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What Pinochet's arrest has taught us about transnational justice and international jurisdiction.
Revised and updated: the definitive primary-source history of US involvement in General Pinochet’s Chilean coup—“the evidence is overwhelming” (The New Yorker). Published to commemorate the fortieth anniversary of General Augusto Pinochet’s infamous September 11, 1973, military coup in Chile, this updated edition of The Pinochet File reveals the shocking, formerly secret record of the US government’s complicity with atrocity in a foreign country. The book now completes the file on Pinochet’s story, detailing his multiple indictments between 2004 and his death on December 10, 2006, including the Riggs Bank scandal that revealed how the dictator had illegally squirreled away over $26 million in ill-begotten wealth in secret American bank accounts. When it was first released in hardcover, The Pinochet File contributed to the international campaign to hold Pinochet accountable for murder, torture, and terrorism. A new afterword tells the extraordinary story of Henry Kissinger’s attempt to undercut the book’s reception—efforts that generated a major scandal that led to a high-level resignation at the Council on Foreign Relations, illustrating the continued ability of the book to speak truth to power. “The Pinochet File should be considered the long awaited book of record on U.S. intervention in Chile . . . A crisp compelling narrative, almost a political thriller.” —Los Angeles Times
The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe. Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases. These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.
'This is an excellent, quick and powerful read, accessible to everyone' Publishers WeeklyOn October 16th, 1998, the world awoke to amazing news: General Augusto Pinochet, Chile's former dictator, had been arrested by Scotland Yard in England & was awaiting extradition to Spain on charges of torture & genocide. What ensued became one of the most important human rights trials of the last fifty years: for the first time in the twentieth century, a former Head of State was being judged by a foreign court.Renowned author Ariel Dorfman, obsessed for twenty-five years with the malignant shadow General Pinochet cast upon Chile & the world, followed every twist & turn of the four year trial in Great Britain, Spain & Chile as well as in the U.S., the country that had created Pinochet. Told as a suspense thriller, filled with court-room drama & sudden reversals of fortune, the book at the same time addresses some of today's most burning issues, made all the more urgent after the terrorist attacks of September 11th 2001. What are the limits of national sovereignty in a globalizing world? How does an ever more interconnected world judge crimes committed against humanity? What role do memory & pain & the rights of the survivors play in this struggle for a new system of justice? But above all, the author, by listening carefully to the voices of Pinochet's many victims, explores how can we purge ourselves of terror & fear once we have been traumatized, and asks if we can build peace & reconciliation without facing a turbulent & perverse past.From Dorfman's emotional reconstitution of the many phases of Pinochet's trial, both in London & in Santiago, there slowly emerges a picture of a victory, both for the people of Chile & for people the world over, serving as a prelude to the prosecution of other Heads of State - such as Milosevic in The Hague - but as a warning to many powerful men around the world - like Henry Kissinger - who felt they would never be held accountable for sufferings inflicted on faraway civilians.
Boldly breaks new ground in studies of Latin American postdictatorial memories by tackling a taboo topic--civilian complicity with the Pinochet regime--that Chilean society has strategically avoided.
The 1998 arrest of Senator Augusto Pinochet in London, on the orders of a Spanish judge seeking his extradition for human rights crimes, made headlines all over the world. Part of a wider, ongoing attempt by human rights activists and lawyers to prosecute the crimes of Latin American military regimes, the case has important implications for national and international law and for politics, diplomacy and democracy. This book brings together political scientists and lawyers from Latin America, the United States, Spain and the UK to analyse the political and historical context of the case, its progress through the courts in the UK and Chile, its handling by national governments, and its political and legal implications, both national and international.
Alejandro Zambra's Ways of Going Home begins with an earthquake, seen through the eyes of an unnamed nine-year-old boy who lives in an undistinguished middleclass housing development in a suburb of Santiago, Chile. When the neighbors camp out overnight, the protagonist gets his first glimpse of Claudia, an older girl who asks him to spy on her uncle Raúl. In the second section, the protagonist is the writer of the story begun in the first section. His father is a man of few words who claims to be apolitical but who quietly sympathized—to what degree, the author isn't sure—with the Pinochet regime. His reflections on the progress of the novel and on his own life—which is strikingly similar to the life of his novel's protagonist—expose the raw suture of fiction and reality. Ways of Going Home switches between author and character, past and present, reflecting with melancholy and rage on the history of a nation and on a generation born too late—the generation which, as the author-narrator puts it, learned to read and write while their parents became accomplices or victims. It is the most personal novel to date from Zambra, the most important Chilean author since Roberto Bolaño.
Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.
A gripping account of daily life as a political prisoner by a former Chilean cabinet minister, offering personal insight into the political climate and historical events of 1970s Chile under military dictator Augusto Pinochet.
The bestselling author of No Logo shows how the global "free market" has exploited crises and shock for three decades, from Chile to Iraq In her groundbreaking reporting, Naomi Klein introduced the term "disaster capitalism." Whether covering Baghdad after the U.S. occupation, Sri Lanka in the wake of the tsunami, or New Orleans post-Katrina, she witnessed something remarkably similar. People still reeling from catastrophe were being hit again, this time with economic "shock treatment," losing their land and homes to rapid-fire corporate makeovers. The Shock Doctrine retells the story of the most dominant ideology of our time, Milton Friedman's free market economic revolution. In contrast to the popular myth of this movement's peaceful global victory, Klein shows how it has exploited moments of shock and extreme violence in order to implement its economic policies in so many parts of the world from Latin America and Eastern Europe to South Africa, Russia, and Iraq. At the core of disaster capitalism is the use of cataclysmic events to advance radical privatization combined with the privatization of the disaster response itself. Klein argues that by capitalizing on crises, created by nature or war, the disaster capitalism complex now exists as a booming new economy, and is the violent culmination of a radical economic project that has been incubating for fifty years.