Half-lapsing prescription for the crime of enforced disappearance. Breach of international law regarding crimes against humanity?

Abstract

THIS PAPER IS PRESENTED AS A STUDY OF THE HALF-LAPSING PRESCRIPTION TREATMENT APPLIED TO THE CRIME OF ENFORCED DISAPPEARANCE. THE AUTHORS ADDRESS THE ISSUE FROM A LEGAL AND HISTORICAL PERSPECTIVE. EXPLAINING HOW THE CHILEAN SYSTEM IN TERMS OF THE HALF-LAPSING PRESCRIPTION IS NOT IN HARMONY WITH INTERNATIONAL LAW, IN PARTICULAR WITH THE PROVISIONS OF INTERNATIONAL TREATIES RATIFIED AND IN FORCE IN CHILE. FOCUSING ESPECIALLY THE ANALYSIS OF THE EVOLUTIONARY JURISPRUDENTIAL TREATMENT OF THE PROBLEM BY THE CHILEAN COURTS, INCLUDING IN THIS JURISPRUDENTIAL ANALYSIS A RECENT RULING THAT APPEARS TO CHANGE THE INTERPRETATIVE COURSE SUPPORTED PREVIOUSLY.