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«Desaparición»

Argentina’s Human Rights Trials

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Edited By Gabriele Andreozzi

The current situation in Argentina is unprecedented. In compliance with prescribed timings and procedures, the crimes committed by the state in recent history are being prosecuted and penalized. This book traces the path of the trials for crimes against humanity in Argentina, from the Trial of the Juntas that began during the presidency of Raúl Alfonsín to current developments under Cristina Fernández de Kirchner, analysing the ideas of memory, truth and justice. In the volume, judges, lawyers, historians, journalists and witnesses from the era of terror give a lucid and critical reconstruction of the last thirty years. The contributors also point to other states where crimes against humanity are still being committed on a daily basis, despite being notionally proscribed.
This book is translated from Spanish, originally appearing under the title Juicios por crímenes de lesa humanidad en Argentina (2011).
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The Narrative as a Formative Influence on the Norm: The Experimental Aspect of the Critical Interpretation of the Argentinean Past

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← 84 | 85 → CHIARA FORNERIS

The processes of democratization which follow dictatorial, authoritarian or totalitarian regimes are never simple. Once democratic mechanisms are re-established it is necessary to address the complex problem of how to situate and develop them in the socio-political fabric of the country. The obstacles to the assertion of a genuine rule of law are numerous and insidious. Among these it is possible to identify a convergence point in the plurality of narratives, which are anchored to a single past.

From the twentieth century onwards, during the experiences of transition to democracy, the presence of memory and the weight of the past have been augmented by a number of factors. These include, first, the centralization of the issue of justice and the confirmation of individual and collective responsibilities in relation to major rights violations committed under dictatorial, authoritarian or totalitarian regimes. Second, the need to rebuild and reorganize a collective national identity based on democratic values and the principles of cohesion and social harmony. Finally, the need to enter fully into an international order based on the principles of freedom and justice, in which the recognition of historical truth is accompanied by the freedom of expression and of the debate necessary so as to try to achieve it.

In the stages and modalities through which the politics of memory has developed in the course of the last twenty years, common characters and different nationalities, histories and cultures can be traced, in which...

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