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BP: Editorial : Striking a blow for



October 19, 1998 							
Editorial 


Striking a blow for world justice
Sen Augusto Pinochet travelled to Britain earlier this month, seemingly
without apprehension. as a senator-for-life, a position created
specifically for him in the 1980 constitution under which he eventually
relinquished power in Chile after a 17-year rule of terror. France might
have refused him a visa, but with what he saw as diplomatic immunity he
could chose a world-class medical environment for a minor operation; only
the best for the ageing former dictator. .
That question of diplomatic immunity, its precise definition and
application, is going to consume vast quantities of newsprint and a great
deal of worried time in departments of foreign affairs around the globe in
the next few weeks, as the legal processes connected with the planned
extradition of Sen Pinochet from Britain to Spain grind slowly onwards. .
But that is not the most important issue at stake. Certainly diplomatic
immunity is a fine and venerable institution, absolutely defensible in
keeping the lines of communications open between states whose relationships
are fraught with difficulty, essential in protecting individuals who often
work in rough conditions for entirely laudable goals. But it does not
absolutely override considerations of justice. .
Consider even several recent cases where drink driving charges have not
been waived under diplomatic immunity, with genuine diplomats being fairly
made to pay for actions genuinely not compatible with their status. .
Then consider a man who presided over a regime under which thousands of
civilians were tortured, executed and forced into exile. More than 3,000
people are generally agreed to have died or disappeared under his rule. .
It is not, by far, the worst example of "genocide, terrorism and torture",
the charges a Spanish judge has laid against the former dictator, but it is
certainly horrific enough to justify waiving any claims of diplomatic
immunity which might be made. .
The actions of Britain and Spain are yet another sign that the world is,
slowly and uncertainly, moving towards developing systems and regimes which
can ensure that no perpetrator of genocide can ever sleep comfortably in
their bed, certain they are safe from lawful, measured justice. .
That aim took a great step forward earlier this year with the international
community's decision to establish a world court to try war crimes. The
International Criminal Court is not yet operating, but the arrest of Sen
Pinochet demonstrates that while that court will be vitally important, what
is even more essential is the will and the drive, among both governments
and concerned individuals and institutions, to gain justice, to legally
recognise the suffering of individuals at the hands of violent, corrupt,
unjust power. .
Although the British and Spanish governments have been keen to label the
decisions on Sen Pinochet thus far as non-political, straightforward
rulings by the legal apparatus, in both cases it is clear that, at least
eventually, governments will have to take a hand. The Spanish cabinet has
to approve any extradition request, and British Home Secretary Jack Straw
has to finally accept that request. It can only be hoped that both will
hold their nerve. .
Sen Pinochet is 82 now, and given the fact that legal wheels inevitably
move slowly and he has plentiful funds to place as many barriers as
possible in their path, he may never actually face fair judgment for his
actions. But the very fact the process has been started is a significant
move towards world justice.