Judging crimes against humanity: progress, setbacks and what we can learn from experience
DOI:
https://doi.org/10.20318/universitas.2021.6203Keywords:
crimes against humanity, rule of law, restorative justice, truth trials, democracy, victim, international duties, amnesty, reparationsAbstract
The article presents the context of the last military dictatorship in Argentina, and the subsequent path in the prosecution of crimes against humanity that took place during that period. It describes how the amnesties and pardon laws were used in the Argentine case, and analyzes the incompatibility of these mechanisms in the prosecution of crimes against humanity, due to the international commitments and obligations to protect the human rights subscribed by the States. In addition, it explores the role of victims and the concept of reparation, a fundamental element in this kind of processes and particularly in criminal law.
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