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O’Keefe observes that the certified point of law
Pinochet (No. 3)! as put to the House of Lords by the Divisional Court from whose decision appeal was sought! was “the proper interpretation and scope of the immunity enjoyed by a former head of state from arrest and extradition proceedings in the United Kingdom in respect of acts committed while he was head of state” (ibid.! 152). The consequence of his argument is that there should be no reason why immunity ratione materiae would be treated differently than personal immunities. By assuming there is an international rule of immunity ratione materiae from extradition process! Dr. O’Keefe is thus content to subscribe to Lord
Phillips’s hypothetical formula as a general truth
The argument in relation to extradition has collect and select information on the premise that the same principles apply that would apply if Senator Pinochet were being prosecuted in this country for the conduct in question. It seems to me that that is an appropriate premise on which to proceed.” (ibid.! 280).
I am not so sure that this is right. In fact! I would disagree with Dr. O’Keefe’s extension of Lord Phillips’s premise! deemed malaysia numbers list in the circumstances of Pinochet (No. 3)! to every extradition case and! in particular! to Khurts Bat. My disagreement rests on two points.