Does the absence of immunity ratione materiae for torture extend to other crimes against humanity?
The question of whether immunity ratione materiae was unavailable because torture is a crime against humanity, or because torture is outlawed by the Torture Convention, to which Britain and Spain were signatory, is pivotal when assessing the implications of the judgment. If it was the latter, the judgment will be narrow in its effect on international law. If, however, it was the former, then the case will have broad reaching ramifications, as it will provide authority for the prosecution of former Heads of State in domestic courts for any crimes against humanity. [30] A variety of reasons were advanced by the Law Lords when concluding that Pinochet was not immune to charges of torture. The reasoning of the different judges on this important issue is complex, so it is analysed below in some detail. The underlying rationale for Lord Browne-Wilkinson’s conclusion that immunity is unavailable for torture is not immediately apparent from his judgment. Initially, he seemed to suggest that im
