Analysis Of Immunity And Jurisdiction In The Pinochet Case

The case of "Agusto Pinochet Ugarte", which occurred in the past 10 years before,is one piece of case involving a series of important issues of international law,such as diplomatic privileges and immunities,immunity of the former head of state, extradition, international crimeand international criminal jurisdiction,what's more,this case has great effect on relations between countries. So far,this case is still of great significance for the international law in respect of theory and practice. Therefore, this paper will do some research from jurisdiction and immunity.First of all,this paper introduces some basic facts of the case. This part is the starting point and basis for the entire thesis research. Since this paper is of the type of case-analysis,so we must have a general understanding of the case,then we can find the international law related dispute and crux,and start the whole research.Then,this paper will do some research from international law.One is the immunity,this part is one of the core issues of this paper. In this part,the immunity will be divided into state immunity, diplomatic privileges and immunities, as well as immunity of the former head of state to do the analysis. In the part of state immunity and diplomatic privileges and immunities,after a brief introduction of the the relevant theory with the case, this paper analyses the immunity of the case with relevant theory. In the part of state immunity, this paper forecasts the trend of state immunity, and elaborate China's position on this issue,then put forward some ideas about the relevant measures China should take. In the part of immunity of the former head of state, this paper will do some in-depth discussions of the immunity of incumbent head of state and former head of state respectively.The other one is jurisdiction of international crime. This part is the other core issues of this paper. Because this paper is mainly about the jurisdicition of international crime, so,after a brief introduction of the relevant theory of international crime and the history about personal criminal liability for international crime,this paper focuses on the jurisdicition of international crime personally with the case, especially for the two patterns of jurisdiction of international crime,that's the international tribunal and the domestic court mode,and concludes that the domestic court mode is superior over the international tribunal nowadays. Finally, this paper analyses the jurisdiction of the case with revelant theory.Finally,this paper analyses three international law related issues,that's the impact caused by principle of universal jurisdicition in respect of diplomatic privileges and immunities, restrictions on the abuse of diplomatic privileges and immunities,as well as the conflict and resolving about jurisdicition.