Pinochet

Abstract

International criminal law — Jurisdiction — National courts — Universal jurisdiction — Genocide — Genocide Convention, 1948, Article 6 — Primary jurisdiction of State where crime committed or international tribunal — Whether precluding jurisdiction of courts in other States — Principle of subsidiarity — Terrorism — “State terrorism” — Whether terrorist crimes committed by foreign nationals in the performance of official functions capable of being the subject of prosecution in national courts of third State

International criminal law — Genocide — Intent — Requirement of intent to destroy specific national, ethnic, racial or religious group — Whether “national group” could include both foreigners and nationals targeted collectively in the same country by reason of common characteristics — Whether broad social definition of “national group” corresponding with intent of Genocide Convention, 1948

International criminal law — Terrorism — Intent — Whether any requirement of intent to subvert constitutional order — Whether such requirement relating only to State where offence committed or also to State where prosecution brought

International criminal law — Principle of non-retroactivity — Scope of prohibition on retroactive laws — Distinction between retroactive creation of new substantive offences and retroactive creation of procedural basis for prosecution of existing offences

Relationship of international law and municipal law — Effect of treaty in municipal law — Principle of supremacy of treaties over municipal law — Genocide Convention — Requirement that signatory States should refrain from exercising jurisdiction over genocide where accused being prosecuted in State where offences committed or by an international tribunal — The law of Spain