45
I want to make it clear, and I will repeat here that the Chilean State is not defending the
Decree Law of Amnesty. On the contrary, we do not consider that the Decree Law of
116
Amnesty has any ethical or juridical value.
A) Validity and enforcement of Decree Law No. 2.191
a) Extra-legal execution of Mr. Almonacid-Arellano
93.
In this section, the Court shall analyze whether the crime committed against
Mr. Almonacid-Arellano may be considered as a crime against humanity. In this
sense, the Court must analyze whether on September 17, 1973, date on which Mr.
Almonacid-Arellano died, the murder constituted a crime against humanity, and it
must also determine the circumstances surrounding such death.
94.
The development of the concept of “crime against humanity” started at the
beginning of the last century. In the preamble to The Hague Convention on Laws and
Customs of War on Land, 1907 (Convention IV) the High Contracting Parties
established that “the inhabitants and the belligerents remain under the protection
and the rule of the principles of the law of nations, as they result from the usages
established among civilized peoples, from the laws of humanity, and the dictates of
the public conscience.”117 Likewise, the term “crimes against humanity and
civilization” was used by the governments of France, the United Kingdom, and Russia
on May 28, 1915 to denounce the massacre of Armenians in Turkey.118
95.
Murder as a crime against humanity was included for the first time in Article
6(c) of the Charter of the International Military Tribunal of Nuremberg which was
appendixed to the Agreement to establish an International Military Tribunal for the
trial and punishment of the main war criminals of the European Axis countries,
signed in London on August 8, 1945 (the “London Charter”). Shortly afterwards, on
December 20, 1945, the Control Council Law No.10 also considered murder as a
crime against humanity in its Article II(c). Similarly, the crime of murder was
included in Article 5(c) of the Charter of the International Military Tribunal for the
trial of the main war criminals of the Far East (Tokyo Charter), adopted on January
19, 1946.
116
Cf. oral arguments of the State (public hearing held on March 29, 2006).
117
Cf. The Hague Convention of October 18, 1907 on Laws and Customs of War on Land (Hague IV.)
118
Egon Schwelb, Crimes Against Humanity, British Yearbook of International Law. Vol 23, (1946),
178, page 181. “[C]rimes against humanity and civilization for which the members of the Turkish
Government as well as the agents involved in the massacres are responsible.”
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