Will the Rule of Law End? Challenging Grants of Amnesty for the Human Rights Violations of a Prior R

Abstract

This paper examines the validity of Augusto Pinochet’s amnesty decree in Chile, asserting that it violates the nation’s international treaty obligations to provide victims with effective remedies, according to hearings, and compensation. At the same time however, this paper suggests that the international community should not altogether reject the Chilean model. The measured approach of President Aylwin’s administration, seeking “the whole truth and justice as far as possible,” while not satisfying suggested standards of mitigation, has demonstrated practical merit, particularly in the areas of recognition of state involvement and compensation.