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.In March 2000,Pinochet was released from detention and returned home aboard aChilean air force plane.Within a week of Pinochet s return to Chile, in anodd twist of fate, Ricardo Lagos was elected Chile s second socialist pres-ident, the first having been Salvador Allende.13Eventually Augusto Pinochet was stripped of his immunity from pros-ecution and made to stand trial in Chile for crimes committed while in of-fice.A 2002 Chilean Supreme Court ruling found that Pinochet was too illto be prosecuted, but in 2006 the Court reversed this ruling.Pinochet diedin December 2006, facing pending human rights and financial corruptionprosecutions.He lived out his life in freedom once released from Britisharrest.A former political prisoner under Pinochet was elected to the pres-idency that same year that former political prisoner was also the thirdsocialist and first woman president of Chile, Michelle Bachelet. Conclusion 179Despite the fact that Pinochet was never found guilty by a legal au-thority for his government s human rights abuses, international humanrights groups hailed the Pinochet case as an important step forward forthe protection of human rights everywhere.The case became the modelfor similar NGO efforts to bring dictators to justice, as in the case made byHuman Rights Watch against Hissene Habre, the former ruler of Chad.14The case brought to the forefront one of the U.S.government s worst fearswhen former secretary of state Henry Kissinger was asked to give evi-dence to a French judge investigating the murder of French citizens inChile during the Pinochet dictatorship.15 What Kissinger knew aboutPinochet s Chile and what Kissinger (and his bosses, Presidents Nixonand Ford) approved or aided in remain of great interest to state and non-state actors who support the International Criminal Court.BETWEEN DOMESTIC AND INTERNATIONAL POLITICSIN AN ERA OF GLOBALIZATIONMany questions of domestic and international politics are linked in thetangled tale of Pinochet, including:" How do the citizens of a country seek protection against humanrights abuses by their own government? How do noncitizens seekprotection? How might individuals seek redress when their rightshave been violated? From whom would individuals seek redress?" Who is to judge the validity of the claim made by national leadersthat acts that appear to be human rights violations are efforts to pro-tect national security against internal threats to the state?" Should democratic leaders make deals with former dictators in orderto protect a fledgling democracy? If such deals are made, does thismean that some citizens have special rights over others? Is this a de-mocracy? Can democratic leaders make deals with former dictatorsregarding the rights of noncitizens?" Should the leaders of a country in democratic transition be allowedto  silence opponents whose activities pose a threat to the develop-ment of the democracy?" What principles or interests should inform the relationship betweendemocratic and nondemocratic governments?" What rules should inform the relationship between states and non-state actors?" Should countries help other countries undergoing democratization?Would such help constitute interference in the state s domestic af-fairs? 180 Chapter 10" Should states be held responsible for their obligations under interna-tional conventions and treaties such as those within the U.N.system?How? What authority would enforce such obligations?" Is there a need for an international criminal court if internationaltreaties entered into have the effect of domestic law? How can an in-ternational criminal court be structured so as not to become a politi-cal instrument used by states against their opponents or used bynonstate actors against states?Some of these issues are more clearly in the realm of foreign policy andsome are more clearly domestic, but all have implications in both.It is thenature of global politics in the new millennium that makes this true.In-deed, consider this description of the Pinochet case written in 1999 byPresident Ricardo Lagos and Heraldo Muñoz:In recent years, it has become commonplace to think of globalization solelyin terms of transnational finance.The economic well-being of countries suchas Brazil, Mexico, and South Korea ebbs and rises on the decisions made byinternational speculators and foreign investors.Recognizing the growing in-terdependence of national economies, we use terms such as the Tequila Ef-fect and Asian flu to describe the global contagion that allows financial crisesto spread unimpeded across borders.But Pinochet s detention in London hasshown that globalization has now expanded from economic affairs to the in-stitutions of politics and justice.16Lagos and Muñoz continue,  Chile enjoys the unique status of havingbeen buffeted by both forms of global contagion with diametrically op-posite results [ Pobierz caÅ‚ość w formacie PDF ]

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