美国大学申请材料：政法的法律制度
美国大学申请材料：政法的法律制度
因此，对侵犯人权负有责任的人不应受到国家法律的起诉。(在国际法辩论中，经常提到智利1978年大赦法的不相容问题)。宪法赋予皮诺切特的议会豁免权意味着，该国政府将无法行使其迫害侵犯人权者的权利。现在普遍管辖原则,段4、6和10的序言明确肯定,反人类罪行的起诉必须与国家层面的措施和国际合作,每个州都将有权这样做和国家法律和国际法将互相补充,以实现这一起诉。然而，在这种情况下，这种补充立场是无法实现的，而且国家法律也不能违反宪法，因为宪法已显示出使一般人不受惩罚。皮诺切特在智利宪法中起草了一项规定，其中包括终身参议员制度。
他是终身参议员，因此不能被起诉。终身议员将享有完全豁免权。在这种背景下，皮诺切特将军在访问联合王国时被捕。西班牙政府对皮诺切特将军发出了临时逮捕令。西班牙法院发布逮捕令，声称他将对西班牙公民在本国被谋杀一事向法院作出回应。这些杀戮发生在他17年的智利统治期间。与西班牙法院类似，其他国家(如比利时、意大利、卢森堡、美国等)也提出逮捕，西班牙法院也要求引渡。现在根据英国法律，前国家元首可以享有豁免权。考虑到此人是英国的主权代表，英国将允许他免于刑事诉讼。
美国大学申请材料：政法的法律制度
People responsible for the human rights violation could hence not be prosecuted with the state law. (In the International law debates the issue of incompatibility of the Chilean 1978 Amnesty Law has been brought up often). The constitutional parliamentary impunity that was granted for Pinochet meant that the National Government would not be able to execute its right to persecute the human rights violator. Now the universal jurisdiction principles, paragraph 4, 6 and 10 of the preamble clearly affirms that the prosecution of crimes against humanity must take place with national level measures and international cooperation and that every state would have the right to do this and national law and international law would complement one another in order to achieve this prosecution. However, in this case such a complementary stance cannot be achieved and furthermore the state law cannot work against the constitution which is shown to have given the impunity to the General. Pinochet was instrumental in drafting a certain provision in the Chilean constitution which includes a system of Senators for life.
He was a senator for life and hence could not be prosecuted. Parliamentarians who are senators for life will have complete immunity. It was given this background context that General Pinochet was arrested when he was visiting the United Kingdom. The Spanish Government had issued a provisional arrest warrant for the General Pinochet. The Spanish court issues the warrant alleging that he was to respond to the court for the murder of citizens of Spain in his country. These killings happened during his 17-year reign of Chile. Similar to the Spanish court, other nations (such as Belgium, Italy, Luxembourg, USA and more were involved) had also filed for arrests and the Spanish court also requested that an extradition be instituted. Now under English law, former head of countries is allowed immunity. Immunity from criminal proceedings in the UK would be allowed given that the person was a sovereign representative of the country.
