Accountability and world leadership: Impugning sovereign immunity

The arrest of General Augusto Pinochet Ugarte, Chile's former military dict ator, shocked the international community. Pinochet, in Great Britain on a diplomatic passport, was detained pursuant to a Spanish extradition warrant in an attempt to force the former head of state to answer for the atrociti es that occurred in Chile during his reign. While Pinochet awaits his seemingly inevitable extradition to Spain, the wo rld is left to consider whether the principles of immunity-the framework fo r centuries of international diplomatic relations-are still intact. This no te makes use of the events surrounding Pinochet's arrest to consider the ev olution of the immunity given to foreign diplomats and heads of state. Alth ough the author specifically addresses potential courses of action to deal with Pinochet's current situation and the consequences and implications of these various approaches, he also discusses more general issues of leadersh ip, accountability, and international relations. More pointedly, the author examines the most appropriate and effective mean s by which the international community should handle leaders Like Pinochet, concluding that a centralized global enforcement mechanism is the best app roach. The author acknowledges the tension that will seemingly always accom pany any legal action another nation or a group of nations takes against a head of state. He notes, however, that this discussion is necessary because the continued interconnectedness of the global economy and the ever-growin g recognition of human rights will lead to a more uniform intolerance for a ctions like those Pinochet demonstrated.