In 2011 - Universal Jurisdiction in Crimes against Humanity

Topic: Universal Jurisdiction in Crimes against Humanity
Country: Chile
Delegate Name: Lauren Williams
School: Mattawan High School

Topic page: background guide and all position papers All Chile position papers GLIMUN 2011 committees

Chile has continuously placed an importance on maintaining its national sovereignty during periods of turmoil. Chile finds that it is essential for a country to take responsible for the actions transpiring its people. Within Chile’s constitution, it is stated that without prejudice to the other penalties established by the Constitution or by the law, persons who incur aforementioned violations shall not, for a period of ten years from the date of the Court's decision, be eligible for public duties or positions. This implementation is necessary to insure the safety of a nation’s community.

Chile finds it necessary that in the case of crimes against humanity that the implication of universal jurisdiction can be found beneficial. For example, former dictator of Chile, Augusto Pinochet, was arrested in London in 1998; on Spanish judge Baltazar Garzon's, a Spanish jurist who served on Spain's central criminal court, demand. He was arrested on charges of human rights abuses, not on the grounds of universal jurisdiction but rather on the grounds that some of the victims of the abuses committed in Chile were Spanish citizens. Spain then sought his extradition from Britain, again, not on the grounds of universal jurisdiction, but by invoking the law of the European Union regarding extradition; and he was finally released on grounds of health. Argentinian Alfredo Astiz's sentence is part of this juridical frame. Those opposed of Pinochet’s actions, and most modern day Chileans and officials, found the decisions made by the Spaniards and other universal parties, were much supported.

Chile finds a great necessity in the responsibility of individual government. There is a great importance in the relief that can be instituted by the assistance of universal jurisdiction.