International Law Blog Postings
Archives for: February 2006
International Laws Aid Fujimori's Extradition
The Chilean Supreme Court justice who will decide whether to extradite former Peruvian President Alberto Fujimori said he will interview Fujimori once or twice more before rendering his decision. Fujimori faces extradition to Peru to stand trial on twelve criminal counts: ten charges of political corruption and two charges of human rights abuses. If extradited, Fujimori would face trial before the Permanent Criminal Chamber of the Peruvian Supreme Court only for those extraditable crimes approved by the Chilean government.
To contest his extradition, Fujimori must contend with the 1932 extradition treaty, domestic Chilean law, a political shift within Chile, and international treaties. The political exception of the 1932 extradition treaty and the higher burden of proof to indict under Chilean law work in Fujimori's favor. Working against Fujimori is a recent political shift in Chile focusing attention on corruption and human rights abuses. Chilean President-elect Michelle Bachelet, who will be sworn in 11 March 2006, ran on a platform against public corruption and state-sponsored human rights abuses. International treaties against corruption and human rights abuses stand the strongest chance of requiring Chile to extradite Fujimori. In the past, Chile has been reluctant to extradite fugitives to Peru. New treaties, especially the UN Convention against Corruption, focus on holding public officials accountable for corruption and mandate greater cooperation among countries. That treaty could serve as the primary legal force to extradite Fujimori to stand trial in his native country. More
To contest his extradition, Fujimori must contend with the 1932 extradition treaty, domestic Chilean law, a political shift within Chile, and international treaties. The political exception of the 1932 extradition treaty and the higher burden of proof to indict under Chilean law work in Fujimori's favor. Working against Fujimori is a recent political shift in Chile focusing attention on corruption and human rights abuses. Chilean President-elect Michelle Bachelet, who will be sworn in 11 March 2006, ran on a platform against public corruption and state-sponsored human rights abuses. International treaties against corruption and human rights abuses stand the strongest chance of requiring Chile to extradite Fujimori. In the past, Chile has been reluctant to extradite fugitives to Peru. New treaties, especially the UN Convention against Corruption, focus on holding public officials accountable for corruption and mandate greater cooperation among countries. That treaty could serve as the primary legal force to extradite Fujimori to stand trial in his native country. More
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Legal News Headlines
Return of the StateThis article is the extended address by José E. Alvarez, the Herbert and Rose Rubin Professor of International Law at New York University School of Law, at the University of Minnesota Law School's conference on "International Economic Law in a Time of Change." Alvarez relects upon and rebuts a collection of papers on supra-nationalism presented at the conference. He argues that states, as sovereign entities, are making a comeback. The full-text is available online for free.
Whither Justice? Uganda and Five Years of the International Criminal Court Michael Drexler argues that the International Criminal Court is pursuing an inappropriate engagement strategy in Uganda by ignoring the impacts of criminal prosecution and investigation on the prospects for peace to the country's decades-long conflict. It is published by the peer-reviewed Interdisciplinary Journal of Human Rights Law (IJHRL) and is available online for free.


