A Full Stop to Amnesty in Argentina: The SimóN Case

Posted: 29 Feb 2008

See all articles by Christine A.E. Bakker

Christine A.E. Bakker

European University Institute - Department of Law (LAW)

Date Written: November 2005

Abstract

In Simón, the Argentine Supreme Court held that two amnesty laws, adopted in the late 1980s in order to shield authors of serious human rights violations committed during the so-called `Dirty War` (1976-1983), were unconstitutional and void. Although the Argentine Congress had already repealed the two laws in 2003, uncertainty about the validity of this parliamentary decision had led to some controversy. With its decision in Simón, the Supreme Court puts an end to the legal uncertainty concerning the prosecution of serious human rights violations committed under the military regime and definitively clears the path for judicial actions against their authors. Setting aside deeply rooted national legal principles - such as statutory limitations, the principle of legality and amnesties - the Argentine Supreme Court has confirmed the role of human rights principles and of public international law in general in dealing with the most heinous crimes against humanity.

Suggested Citation

Bakker, Christine A.E., A Full Stop to Amnesty in Argentina: The SimóN Case (November 2005). Journal of International Criminal Justice, Vol. 3, Issue 5, pp. 1106-1120, 2005, Available at SSRN: https://ssrn.com/abstract=915762

Christine A.E. Bakker (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

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