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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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Impunity and Justicia Universal (Universal Justice) in Relation to Crimes Against Humanity

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← 104 | 105 → CARLOS SLEPOY

Seneca reflected: “There are things we do not do because they seem impossible, but they are impossible because we do not dare to do them”. Until a few decades ago, it seemed unrealistic to think that norms would be established to sentence those responsible for the most serious crimes against humanity. What was normal, and what had been naturalized during the whole of history, was absolute impunity. The Holocaust had to occur in order that, for the first time, a tribunal was established so as to judge them. The Nüremberg Military Trial was severely criticized for different reasons: for having been set up by the victorious powers, establishing itself subsequent to the events, creating a special statute in order to judge those responsible. It offered, however, a response, albeit partial and limited, to the aspiration for justice, opened a fruitful road and initiated a new stage in the development of International Criminal Law. On this basis, international and regional treaties, resolutions and recommendations whose objective was the prevention and punishment of these crimes began to multiply, and councils and commissions were established to watch out for and report violations of fundamental human rights. That this happened was due fundamentally to the determination and demands of the victims themselves. Ad hoc tribunals were created which have handed down many important sentences. Permanent tribunals have been established on different continents, and more recently, the International Criminal Court.

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