Pinochet's Arrest and the Reach of Universal Jurisdiction

Universal jurisdiction is the principle that certain crimes are so grave that any state's courts may prosecute them, regardless of where they occurred or the nationality of those involved. It moved from theory to headlines in October 1998, when Chile's former dictator Augusto Pinochet was arrested in London on a warrant from Spanish judge Baltasar Garzón over torture and disappearances during his 1973–1990 rule.

In 1999 Britain's highest court, the House of Lords, ruled that a former head of state had no immunity for torture committed after the UK had implemented the Convention against Torture. Pinochet was ultimately released on health grounds in 2000 and returned to Chile, but the case shattered the assumption that former rulers were untouchable. Since then, European courts have tried perpetrators from Rwanda, Syria and elsewhere; in 2022 a German court convicted a former Syrian intelligence officer of crimes against humanity.

Critics warn that universal jurisdiction can strain diplomatic relations and be used selectively.