PRIVILEGES AND IMMUNITIES OF THE HEAD OF STATE: THE PINOCHET CASE

Nikolić Aleksa (Autor je student master studija na Pravnom fakultetu Univerziteta u Beogradu), aleksanikolic.pravni@gmail.com
Jojić Stefan (Autor je student master studija na Fakultetu političkih nauka Univerziteta u Beogradu), stefan.jojic@yahoo.com

According to many, the Pinochet case is one of the most important guiding processes in international law. Besides the international law factors, the case was \"coloured\" by the influence of high international and domestic politics, activism, NGOs and other fighters for human rights, as well as personal characteristics and biographies of some judges and other authorities in the process. In addition to the problem of the jurisdiction of the British courts, the central issue of the process was the question of General Pinochet’s immunity. Another indication of the importance of the case is the dispute about the \"supremacy\" of two international legal obligations with the character of ius cogens during this process – the obligation to respect the immunity of the head of state in relation to the obligation to prosecute criminal acts of torture. This is why this process should represent a turning point in international law regarding the prosecution of criminal acts committed by senior state authorities towards their citizens.

Keywords: Augusto Pinochet, Chile, head of state, ius cogens, immunity, crime, processing