PUBLIC ORDER CONTROL AS A MANIFESTATION OF THE CONTEXTUAL ELEMENT OF CRIMES AGAINST HUMANITY
LESSONS FROM CHILEAN JURISPRUDENCE ON CRIMES COMMITTED DURING THE CHILEAN DICTATORSHIP
DOI:
https://doi.org/10.29393/RD257-12COBD20012Keywords:
Crimes against humanity, Public order control, contextual element, widespread attack, Chilean military dictatorship, jus cogensAbstract
This paper reviews the main judgments of the Supreme Court of Chile in which some form of control of public order has been interpreted as an element of a widespread or systematic attack against the civilian population, in proceedings for crimes against humanity perpetrated by agents of the military dictatorship between 1973 and 1990. To begin, we will show that in the rulings under analysis, the courts of justice, when reviewing borderline cases regarding the concurrence of the generality requirement, required by international custom and the classification of crimes against humanity, have resorted to what they called control of public order to give concrete content to what should be understood as a widespread attack against the civilian population.
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