Re Pinochet

Abstract

State immunity — Jurisdiction — Head of state — Scope of immunity of former Head of State — Whether commission of crimes against humanity or other crimes against international law precluding former Head of State from relying on State immunity

War and armed conflict — Enforcement of international humanitarian law — Geneva Conventions, 1949, and Additional Protocols, 1977 — Belgian Law of 1993 incorporating provisions of Conventions and Protocols into domestic law — Requirement of existence of international or internal armed conflict

Relationship of municipal law and international law — Crimes against international law — Punishment of crimes against humanity by municipal courts — Whether such crimes forming part of customary international law and jus cogens — Whether such crimes automatically incorporated into domestic legal order — Whether any requirement that crimes against humanity be committed during an armed conflict — Inapplicability of statutory limitation of prosecution for crimes against humanity — Whether now recognized as a rule of customary international law evidenced by international treaties

Jurisdiction — Universal — Crimes against humanity — United Nations General Assembly Resolution 3074 of 3 December 1973 on international cooperation in punishment of crimes against humanity — Whether now recognized as enshrining rule of customary international law on universal jurisdiction over such crimes — Whether such rule automatically binding in domestic legal order — The law of Belgium