Implications of Democratic Republic of the Congo v. Belgium on the Pinochet Precedent: A Setback for International Human Rights Litigation?

Authors

Sarah C. RispinFollow

Abstract

This development will consider the impact of the Congo v. Belgium decision on the Pinochet precedent and the law on official immunity for serious international crimes. Part I will briefly review the legal bases for the Pinochet decision. Part II will lay out the legal bases of the majority opinion in Congo v. Belgium, and examine what of Pinochet survives that opinion. Part III will examine the main Congo v. Belgium concurrence and highlight its attempt to salvage the Pinochet precedent-an attempt which throws into relief the fact that Pinochet has, in fact, been undercut.

Recommended Citation

Rispin, Sarah C. (2002) "Implications of Democratic Republic of the Congo v. Belgium on the Pinochet Precedent: A Setback for International Human Rights Litigation?," Chicago Journal of International Law: Vol. 3: No. 2, Article 23.
Available at: https://chicagounbound.uchicago.edu/cjil/vol3/iss2/23