General Pinochet's fortuitous presence in London and the initiative of a Spanish judge have revived this burning issue and pointed up the deficiencies of the system. So too does the judicial confusion in London, where the High Court revoked the warrant for General Pinochet's arrest on the ground that he was protected by the diplomatic immunity conferred on heads of state pending the final decision by the Law Lords. But the surviving victims, their families and all those who supported the struggle against the dictatorships are now demanding that they too should be heard. Various European countries have filed applications for extradition in the past few weeks, causing political and judicial problems on each occasion. We are still a very long way from any such state of affairs.
Judicial practice differs widely and legal opinion on the subject is divided.
This is a central issue. It is no use establishing an international court if states and national courts show no sign of willingness to extend the scope of justice. There are still many obstacles however. In the trials after the second world war, only the victors were able to claim justice, but in any conflict there may be crimes on both sides. Also, the most serious human rights violations do not necessarily occur in the course of conflicts between states.