Genocidio o crímenes de lesa humanidad: el debate jurídico argentino como disputa por el sentido asignado al pasado
In the case of the Argentine genocide (1975-1983), the judicial arena became the primary setting for the dispute over the meaning of the past early on. Once the obstacles to trial were removed, the trials were reopened in 2005. With the incorporation of survivors, family members and human rights org...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7495324 |
| Source: | Estudios de derecho, ISSN 0120-1867, Vol. 77, Nº. 170, 2020, pags. 1-29 |
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| Summary: |
In the case of the Argentine genocide (1975-1983), the judicial arena became the primary setting for the dispute over the meaning of the past early on. Once the obstacles to trial were removed, the trials were reopened in 2005. With the incorporation of survivors, family members and human rights organizations as plaintiffs, various debates took place that took the process beyond the limits of the courts. Chief among them: the dispute over the classification of genocide. After thirteen years of trials, an analysis of the trial process is presented in the light of this debate. Legal arguments in both respects go far beyond the limits of the courts and are articulated with disputes over the meaning assigned to the past, permeating the ways in which courts assume responsibility for judging facts and attributing responsibility. The analysis of all the sentences issued between August 2006 and June 2019 shows the progress of the debate in terms of arguments as well as the impact of conceptualizations when convicting or acquitting the accused, or handing down sentences to those convicted. |
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