3 Chi J Intl L 527
Sarah C. Rispin
This article concerns how the Congo v. Belgium
decision, delivered by the International Court of Justice, has impacted
the precedent the British House of Lords attempted to establish in Pinochet,
and the law of official immunity for major international crimes. It begins
by describing each of the Law Lords’ rationale for the Pinochet decision,
followed by an explanation of the majority’s formalistic reasoning in the
Congo v. Belgium opinion. It sets out to determine what portions
of the Pinochet decision survive Congo v. Belgium and looks to the
main concurrence in the ICJ’s decision to bring to light its attempt to
maintain some of the Pinochet precedent. The article concludes that the
ICJ’s decision quashed the impetus Pinochet generated to begin prosecuting
senior officials accused of committing serious human rights violations,
leaving open the question of if and when these officials can be brought
to justice.


