Rachel Blair
Mary Gates Research Scholar
Winter 2022
Project
Military Justice in Chile: Exploring its Ongoing Violation of the American Convention on Human Rights
After 17 years of Augusto Pinochet’s brutal military dictatorship, Chile transitioned to democracy, ratified the American Convention on Human Rights and joined the Inter-American System for the protection of human rights (IAHRS) in 1990. Despite democratic Chile’s commitment to regional human rights standards, Pinochet’s legacy of human rights abuse lingers. This is exemplified by the Chilean military justice system’s ongoing jurisdiction over cases in which military personnel harmed civilians, which violates the Convention’s guarantee of access to competent courts and fair trials. My research explores the following question: how do the combined structural weaknesses of the Chilean judiciary and IAHRS limit the Chilean military justice system’s compliance with the Convention? As many Latin American countries were ruled by military dictatorships and have since ratified the Convention, this research could illuminate tendencies central to understanding and rooting out dictatorial legacies in the region and inform more effective collaboration between the IAHRS and its member states in addressing impunity for human rights abuse.