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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, Peru; Supreme Court of Justice [CSJ]

Reporter(s)

Elizabeth Salmón Gárate

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, Peru; Supreme Court of Justice [CSJ]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 August 2019

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.

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