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Achieving Justice for Victims of Human Rights Violations by South American Military Regimes Roseann M
Boston College International and Comparative Law Review Volume 25 Issue 2 Symposium: Globalization & the Erosion of Article 12 Sovereignty in Honor of Professor Lichtenstein 5-1-2002 Coming Out of the Dark: Achieving Justice for Victims of Human Rights Violations by South American Military Regimes Roseann M. Latore Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Human Rights Law Commons, International Law Commons, and the Military, War, and Peace Commons Recommended Citation Roseann M. Latore, Coming Out of the Dark: Achieving Justice for Victims of Human Rights Violations by South American Military Regimes , 25 B.C. Int'l & Comp. L. Rev. 419 (2002), http://lawdigitalcommons.bc.edu/iclr/vol25/iss2/12 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. COMING OUT OF THE DARK: ACIDEVING JUSTICE FOR VICTIMS OF HUMAN RIGHTS VIOLATIONS BY SOUTH AMERICAN MILITARY REGIMES RosEANN M. LAToRE* Abstract: The military regimes of the countries of the Southern Cone of South America cooperated under Operation Condor to eradicate all political opposition throughout the 1960s and 1970s. The military leaders of these regimes are only now being brought to justice for their crimes, which include widespread killing and "disappearances" of political opponents and, in Argentina, the stealing of babies born to doomed political dissidents. It is only in the last decade that these crimes have been brought to light so that the perpetrators can be brought to justice and nations deeply wounded can begin to heal. -
Public Support for Democracy and the Rule of Law in the Southern Cone
University of New Hampshire University of New Hampshire Scholars' Repository Master's Theses and Capstones Student Scholarship Winter 2018 Public Support for Democracy and the Rule of Law in the Southern Cone Patrick James Baga University of New Hampshire, Durham Follow this and additional works at: https://scholars.unh.edu/thesis Recommended Citation Baga, Patrick James, "Public Support for Democracy and the Rule of Law in the Southern Cone" (2018). Master's Theses and Capstones. 1228. https://scholars.unh.edu/thesis/1228 This Thesis is brought to you for free and open access by the Student Scholarship at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in Master's Theses and Capstones by an authorized administrator of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. PUBLIC SUPPORT FOR DEMOCRACY AND THE RULE OF LAW IN THE SOUTHERN CONE BY PATRICK J. BAGA Baccalaureate Degree (BA) in Political Science, University of New Hampshire, 2017 THESIS Submitted to the University of New Hampshire in Partial Fulfillment of the Requirements for the Degree of Master of Arts in Political Science December, 2018 i This thesis was examined and approved in partial fulfillment of the requirements for the degree of Master of Arts in Political Science by: Thesis Director, Mary Frances Malone, Associate Professor of Political Science Madhavi Divya Devasher, Assistant Professor of Political Science Jeannie Sowers, Associate Professor of Political Science On December 3, 2018 Approval signatures are on file with the University of New Hampshire Graduate School. ii Acknowledgements I have been fortunate throughout my life to have been surrounded by people who have encouraged me to pursue whatever it is that I wish to pursue. -
Accountability and Justice for Past Human Rights Violations in Argentina
―I can´t get no satisfaction‖: Accountability and Justice for Past Human Rights Violations in Argentina. Catalina Smulovitz (UTDT-Conicet) Buenos Aires July 2008 19/06/2009Paper prepared for the Project: ―Comparing the Effectiveness of the Accountability Mechanisms in Eastern Europe and Latin America‖ jointly organized by El Colegio de México and the United Nations University in association with Oxford University 1 I. Introduction In Latin America rulers of democratic transitions face a disquieting challenge: how to make members of the Armed Forces accountable for their past human rights violations? Should they punish or pardon them? While punishment could trigger Armed Forces revolt against the new democratic regime, pardons could endanger the legitimacy of the new democracy, and its ability to do justice and to subordinate the military to civilian rule. The consolidation of democracy implies equality before the law and respect for human rights, but the new regimes also need the collaboration of armed forces that still vindicate the used repressive strategies that still command strong resources to revolt and that could threaten its survival. The way this dilemma is solved is not only a problem about the past (how to treat past human rights violations?), it also affects the present and future of the new regimes. And it is relevant not only for its ethical implications but also because it could determine the success or failure of the democratic processes. The way in which Latin American countries initially1 confronted the question was diverse. While in some countries, pre transition negotiations between the military and civilian actors explicitly precluded judicial treatment of past human rights violations (Chile, Uruguay) in others, judicial treatment could not be deterred (Argentina). -
Regarding Simã³n Y Otros: Accountability in Argentina And
FIU Law Review Volume 3 Number 1 Article 11 Fall 2007 Regarding Simón y otros: Accountability in Argentina and International Human Rights as Domestic Positive Law Gaspar Forteza Follow this and additional works at: https://ecollections.law.fiu.edu/lawreview Part of the Other Law Commons Online ISSN: 2643-7759 Recommended Citation Gaspar Forteza, Regarding Simón y otros: Accountability in Argentina and International Human Rights as Domestic Positive Law, 3 FIU L. Rev. 187 (2007). DOI: https://dx.doi.org/10.25148/lawrev.3.1.11 This Symposium is brought to you for free and open access by eCollections. It has been accepted for inclusion in FIU Law Review by an authorized editor of eCollections. For more information, please contact [email protected]. Regarding Simón y otros: Accountability in Argentina and International Human Rights as Domestic Positive Law Gaspar Forteza* INTRODUCTION Twenty-five years ago, a man, a woman, and their infant daughter were abducted by paramilitary forces from their home in Argentina. The man and woman were taken for interrogation to an infamous clandestine military installation known as “El Olympo,” where they were separated from their daughter. More than twenty years later, the man’s mother learned that her now adult granddaughter was living under an assumed identity as the daughter of a military official. The fate of the man and woman is still unknown and they are presumed murdered—as such, they are “disappeared.” Occurrences such as this were unfortunately not uncommon during the previous military dicta- torship of Argentina. Conservative estimates place the number of forced disappear- ances during the military regime that controlled the Argentinean gov- ernment during 1976-1983 between 10,000 and 15,000 persons.1 Short- ly after the end of military rule in 1983, the Argentinean National Congress passed legislation that effectively amnestied many persons who allegedly committed human rights violations such as torture, ex- tra-judicial killing, and forced disappearance. -
Sexual Violence in the Military Dictatorships of Latin America: Who Wants to Know?1
SEXUAL VIOLENCE IN THE MILITARY DICTATORSHIPS OF LATIN AMERICA: WHO WANTS TO KNOW?1 Mariana Joffily • Why reports of abuses committed against political prisoners • in the region are only now being heard ABSTRACT Why was the sexual violence that was committed principally against women during the Latin American military dictatorships from the 1960s until the 1980s not a topic of debate immediately following the transition to democracy and has only in recent years become the subject of deeper reflection and closer attention? This article intends to organise elements of the response to this question, reflecting on the particular nature of sexual crime, how memories of political violence have taken shape over time and the transformation of the concept of gender violence within international and legal bodies in Latin American countries. It concludes that attention to this type of crime could only be given after a series of social and legal changes had been brought about in equality and gender and argues that, although there has been considerable progress, important advances still need to be made in bringing acts of violence, particularly against women, to light. KEYWORDS Sexual violence | Political repression | Military dictatorship | Memory | Transitional justice | Feminism • SUR 24 - v.13 n.24 • 165 - 176 | 2016 165 SEXUAL VIOLENCE IN THE MILITARY DICTATORSHIPS OF LATIN AMERICA: WHO WANTS TO KNOW? I repeat, they have been raping me since the conception of state terrorism.2 Brazil, election campaign 2016. A local council candidate for a left wing party, in the city of São Paulo, who had worked as a civil servant for 26 years, tells a columnist at the Folha de São Paulo newspaper that she had heard that she deserved to be raped and tortured. -
Constitutional Changes, Transitional Justice, and Legitimacy: the Life and Death Of
Constitutional Changes, Transitional Justice, and Legitimacy: The Life and Death of Argentina’s “Amnesty” Laws. Jose Sebastian Elias∗ Table of Contents: Abstract…………………………………………………………………………………….2 I.Introduction………………………………………………………………...…………….4 II.-Looking Backwards: A-1983: A True ‘New Beginning’ or Just a Simple Restoration? ……..…….…………...7 B-The Military Trials and the Lack of a New Constitution……………...……………..17 C-The Failure of Alfonsin’s Strategy for Human Rights: Its Effects on the Legitimacy of the Constitutional Process…………………………………………………………...…….30 D-The Role of the Supreme Court After 1983 and The ‘Camps’ Case………………...38 E-1994: A New Constitution and…The End of a Cycle?.....................................................44 III.-A Look at Today: A-The Supreme Court at the Bar of Politics: The ‘Simon’ Case…………………….…48 1-A Pro-Majoritarian Effort to Restore the Lost Legitimacy or a Constitutional Revolution by the Judiciary?..............................................................................................................50 IV.-Conclusion: The Death of the “Amnesty” Laws and the Question of Legitimacy……..65 ∗ I am indebted to Bruce Ackerman for his insightful criticisms and comments on an earlier version of this paper. I have also benefited from long conversations on the topic with Leonardo Filippini, Marcelo Alegre, and Samuel Ferguson. Julio Rivera (h) read a previous draft and made useful comments. To all of them I am truly grateful. 1 ABSTRACT The article analyzes in-depth the legal and political process through which Argentina came, first, to amnesty former military officers who took part in the repression during the last dictatorship (1976-1983) and, then, to nullify those “amnesties” and indict the officers again eighteen years later. The thematic core is the legitimacy (or lack of it) of constitutional changes carried out by unconventional means, which are the unavoidable spin-offs of the very difficult process of transitional justice that has taken place in Argentina. -
Background- Argentina1 Argentina Is a Large South American
Background- Argentina1 Argentina is a large South American country (pop. 44 million, 2017 est.) that suffered one of Latin America’s most violent Dirty Wars. The military disappeared up to 30,000 people in the 1970s and quashed initial prosecution efforts in the 1980s. However, Argentina resumed prosecution of human rights violations in the 2000s and has developed one of Latin America’s strongest track record for prosecuting Dirty War human rights violations, convicting 818 people and pursuing current charges against 754 more.2 Since its return to democracy, Argentina’s most persistent human rights problems have been excessive use of force by police and extrajudicial killings, the use of defamation laws to suppress criticism, and other irregularities in its judicial system. During the colonial era, Argentina grew from a neglected fringe of Spanish territory to a center of power in Latin America. Before the arrival of the Spanish, Argentina had a small native population of mostly fishers and hunters. European explorers visited sporadically beginning in the early 1500s but died or abandoned settlement efforts due to lack of supplies, no obvious precious metals, and the indigenous peoples’ fierce defense of their land. As a result, Argentina was not an initial focus of Spanish settlement and was considered a minor part of the Viceroyalty of Peru. Gradually, however, the Spanish established missions and ranches, farming corn and potatoes and raising cattle, horses, and sheep. Indigenous peoples were increasingly forced to work on ranches, moved onto missions, and taken as wives by the Spanish. Argentina’s population and influence grew and, in 1776, Spain created a new viceroyalty, centered on the city of Buenos Aires, and including modern-day Argentina, Uruguay, Paraguay, and southern Bolivia. -
Genocide As Social Practice Genocide, Political Violence, Human Rights Series
Genocide as Social Practice Genocide, Political Violence, Human Rights Series Edited by Alexander Laban Hinton, Stephen Eric Bronner, and Nela Navarro Alan W. Clarke, Rendition to Torture Lawrence Davidson, Cultural Genocide Daniel Feierstein, Genocide as Social Practice: Reorganizing Society under the Nazis and Argentina’s Military Juntas Alexander Laban Hinton, ed., Transitional Justice: Global Mechanisms and Local Realities after Genocide and Mass Violence Alexander Laban Hinton, Thomas La Pointe, and Douglas Irvin-Erickson, eds., Hidden Genocides: Power, Knowledge, Memory Irina Silber, Everyday Revolutionaries: Gender, Violence, and Disillusionment in Postwar El Salvador Samuel Totten and Rafiki Ubaldo, eds., We Cannot Forget: Interviews with Survivors of the 1994 Genocide in Rwanda Ronnie Yimsut, Facing the Khmer Rouge: A Cambodian Journey Genocide as Social Practice Reorganizing Society under the Nazis and Argentina’s Military Juntas DANIEL FEIERSTEIN Translated by Douglas Andrew Town RUTGERS UNIVERSITY PRESS NEW BRUNSWICK, NEW JERSEY, AND LONDON LIBRARY OF CONGRESS CATALOGING-IN-PUBLICATION DATA Feierstein, Daniel, 1967– [Genocidio como práctica social. English] Genocide as social practice : reorganizing society under the Nazis and Argentinás military juntas / Daniel Feierstein ; translated Douglas Andrew Town. pages cm. — (Genocide, political violence, human rights series) Includes bibliographical references. ISBN 978–0–8135–6318–3 (hardcover : alk. paper) — ISBN 978–0–8135–6317–6 (pbk. : alk. paper) — ISBN 978–0–8135–6319–0 (e-book) 1. Genocide. 2. Holocaust, Jewish (1939–1945) 3. Genocide—Argentina. I. Title. HV6322.7.F4213 2014 304.6Ј630943—dc23 2013033862 A British Cataloging-in-Publication record for this book is available from the British Library. First published in Spanish as El genocidio como práctica social: Entre el nazismo y la experiencia argentina (Buenos Aires: Fondo de Cultura Económica, 2007). -
Human Rights in Argentina by Scott Muttersbaugh
R EVIEW D IGEST: H UMAN R IGHTS IN L ATIN A MERICA Human Rights in Argentina by Scott Muttersbaugh The election of populist Juan Peron in 1946 brought expanded economic and social rights to the working class. Consequently his popularity continued to rise, although the armed forces staged a coup in 1955, resulting in Peron’s nearly twenty-year exile. By 1973 Argentina’s economy had fallen apart and the still popular Peronist party gained the support needed for Peron’s return. With terrorism on the rise, the government granted a special executive authority to the military, allowing Peron to imprison people indefinitely without a trial, signaling a change in the government's priorities towards human rights. Ever-popular, Juan Peron died in office in 1974, leaving his widow, Isabella Martinez de Peron, as successor. The armed forces overthrew her in 1976, marking the sixth time that the military ended democracy in Argentina since 1930 and another change in the state’s attitude toward human rights. This return to military rule would not be like the others. Citing the need to protect Christian values from the communists and the specter of Peronism, the military junta authorized the armed forces to begin interrogations and arrests in the name of national security. This “National Reorganization Process” evolved into “the Dirty War” as the distinction between armed and unarmed resistance began to blur, skyrocketing the number of human rights abuses. Between 1976 and 1982, more than 15,000 people were “disappeared,” while 5,000 more have been identified as murdered by the state. -
58 Transitional Justice
Democracy, Development, and Sustainable Peace within Transitioning Societies in Latin America Transitional Justice: The Key to Democracy, Development, and Sustainable Peace within Transitioning Societies in Latin America BRIANNA WEISSMAN* Transitional justice is a key player in international law. It is an important tool utilized by societies that are transitioning from repressive regimes to democracies. It has a long history that traces back to the post-World War II period and began to take official shape in the late 1980s through the 1990s. Transitional justice is not an institution. Rather, it is number of different measures that aim to achieve justice for those who have been subjected to gross human rights violations. Transitional justice can take place in the form of both judicial and non-judicial measures, including truth commissions, reparation programs, criminal prosecution, institutional reforms, and memorialization efforts. The implementation of transitional justice measures has played a significant role in Latin America. Many transitional justice measures were pioneered in Latin America. The question of “whether trials of leaders in the style of Nuremberg could be successfully followed in the Americas” was first asked in Argentina (Teitel, 2003, p. 75). In response to this question, truth commissions were first utilized in Argentina. Truth commissions typically succeeded in Latin America. They were best used “where the predecessor regime disappeared persons or repressed information about its persecution policy" (Teitel, 2003, p. 79). Latin America is the region that has the longest history of practicing transitional justice measures, such as truth commissions and human rights trials. These measures have proved to play a pivotal role in Latin American countries transitioning from repressive military governments, where impunity reigned, to democracies. -
"Amnesty" Laws Jose Sebastian Elias
Hastings International and Comparative Law Review Volume 31 Article 3 Number 2 Summer 2008 1-1-2008 Constitutional Changes, Transitional Justice, and Legitimacy: The Life and Death of Argentina's "Amnesty" Laws Jose Sebastian Elias Follow this and additional works at: https://repository.uchastings.edu/ hastings_international_comparative_law_review Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Jose Sebastian Elias, Constitutional Changes, Transitional Justice, and Legitimacy: The Life and Death of Argentina's "Amnesty" Laws, 31 Hastings Int'l & Comp. L. Rev. 587 (2008). Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol31/iss2/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings International and Comparative Law Review by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Constitutional Changes, Transitional Justice, and Legitimacy: The Life and Death of Argentina's "Amnesty" Laws By JOSE SEBASTIAN ELIAS I. Introduction Argentina has a long history of authoritarian government, with a good portion of the twentieth century characterized by military dictatorships. This environment has hindered the development of a liberal constitutional practice of government, one that is consistent with the rule of law and that places a high value on individual rights and on the value of autonomy.1 The most serious interruption of constitutional order took place between 1976 and 1983, when a military government ruled the country with an iron fist under the pretext of fighting the communist guerrilla. In this process, * I am indebted to Bruce Ackerman for his insightful criticisms and comments on an earlier version of this paper. -
Argentine "Dirty War" : Human Rights Law and Literature Alexander H
Golden Gate University School of Law GGU Law Digital Commons Theses and Dissertations Student Scholarship 1997 Argentine "Dirty War" : Human Rights Law and Literature Alexander H. Lubarsky Golden Gate University School of Law Follow this and additional works at: http://digitalcommons.law.ggu.edu/theses Part of the Human Rights Law Commons, Latin American History Commons, Modern Literature Commons, and the Political History Commons Recommended Citation Lubarsky, Alexander H., "Argentine "Dirty War" : Human Rights Law and Literature" (1997). Theses and Dissertations. Paper 35. This Thesis is brought to you for free and open access by the Student Scholarship at GGU Law Digital Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. The Argentine "Dirty War" : Human Rights Law and Literature By: Alexander H. Lubarsky LL.M Thesis 1997 • • • • • • • • • Golden liote lniuer-sity School of LoUJ LL.M in I nternotioonol Legal Studies Pr-ofessor- Sompong Suchor-itkul a a a a a a a a "Everyone who has worked for the struggle for human rights knows that the real enemy is silence. II - William Barkerl INTRODUCTION In 1973 Gen. Juan Domingo Peron was voted into office as President of Argentina after an 18 year exile. He died the following year in 1974 when his second wife, Isabella Peron, served as his successor. In 1976 the military overthrew Isabella Peron as part of their "calling" to restore law and order to a chaotic Argentina. To do so, the military declared an all out war on any sectors of life which could be viewed as a threat to the maintenance of military rule.