Science and Technology Production
Article
Authorship
Date
2024
Publishing House and Editing Place
Instituto de Investigaciones GIno Germani. Facultad de Ciencias Sociales. Universidad de Buenos Aires, Argentina.
Magazine
Cuadernos de Marte, Revista latinoamericana de Sociología de la Guerra
(pp. 52-80)
- ISSN 1852-9879
Instituto de Investigaciones GIno Germani. Facultad de Ciencias Sociales. Universidad de Buenos Aires, Argentina.
Instituto de Investigaciones GIno Germani. Facultad de Ciencias Sociales. Universidad de Buenos Aires, Argentina.
ISSN
1852-9879
Summary
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This paper examines the public debate on the extent and limits of military criminal responsibility in the trials for crimes against humanity in Argentina between 2003 and 2015. To achieve this, it carries out a qualitative analysis of primary sources, linking the legal-institutional dimension with the public debate. In the first section, it explores the treatment of the extent of responsibility, from the Trial of the Juntas to the reopening of the trials. Then, it analyses specific cases that h...
This paper examines the public debate on the extent and limits of military criminal responsibility in the trials for crimes against humanity in Argentina between 2003 and 2015. To achieve this, it carries out a qualitative analysis of primary sources, linking the legal-institutional dimension with the public debate. In the first section, it explores the treatment of the extent of responsibility, from the Trial of the Juntas to the reopening of the trials. Then, it analyses specific cases that have brought this discussion to the forefront. First, the accusations against Aníbal Guevara and César Milani, who served as lower ranks of the Armed Forces in Mendoza and Tucumán and La Rioja, respectively, during the dictatorship. Next, the acquittals of Humberto Lobaiza, Teófilo Saá and Felipe Jorge Alespeiti, area chiefs in the city of Buenos Aires during the same period. The text questions the idea of unlimited military criminal responsibility during the period under study, showing how its implementation was subject to debate, especially due to the re-emergence of the principle of due obedience. It also reveals the difficulties in establishing unanimous criteria on the extent of punishment, in particular, and on the prosecution of crimes linked to the counter-insurgency doctrine, in general.
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Key Words
DICTADURA MILITAR ARGENTINADERECHOS HUMANOSRESPONSABILIDAD PENAL MILITARCRÍMENES DE LESA HUMANIDAD
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