Legal Material

Alberto Segundo Pinto Cárdenas and ors v Office of the Prosecution, Final appeal judgment, ILDC 1999 (PE 2012), Expediente No 4104-2012, 20th July 2012, Supreme Court of Justice [CSJ]



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Whether the principle of ne bis in idem was violated when the members of a paramilitary organization were retried following a decision of the Inter-American Court of Human Rights that prescribed a retrial.

Whether the members of a paramilitary organization could be tried for crimes against humanity when the crimes had been committed before the state had ratified the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity or the Rome Statute of the International Criminal Court.

Whether the members of a paramilitary organization had committed a crime against humanity for an act intended to eliminate an armed group that could not be considered part of the civilian population.

Keywords: Human rights; Gross violations; International courts and tribunals; Specific Courts and Tribunals; Inter-American Court of Human Rights (IACHR); International criminal law; International crimes; Crimes against humanity; Prosecution; Duty to investigate; Amnesty; Sources, foundations and principles of international law; Peremptory norms / ius cogens

Legal Material.  106321 words. 

Subjects: Public International Law ; International Law ; Law

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