eNotes  -  August 2006

Research Examines Law on Crimes against Humanity

In recent years, the issue of crimes against humanity has sparked discussion around the world, as legal bodies debate the definition of torture and the most effective ways to deal with these crimes. But nowhere is this issue more prominent than in Argentina, where under the military junta of the late 1970s and early 1980s thousands of Argentine citizens were illegally arrested, tortured and killed in what became known as the Dirty War.

This month, the Vance Center's Global Clearinghouse will release an extensive survey of U.S. and international law as it relates to crimes against humanity committed by non-state actors. The research was prepared for the Center for Legal and Social Studies (CELS), a prominent human rights organization in Argentina which documents atrocities committed during the military junta and advocates for victims' rights. The research team included lawyers and researchers from Hachette Book Group USA (formerly known as Time Warner Book Group USA); Simpson Thacher & Bartlett LLP; and the New York Times Company.

"We hope that this research will be a valuable resource for redressing heinous acts of torture," Madeleine Schachter, Vice President and Deputy General Counsel at Hachette Book Group USA, said. "We also hope that as it becomes known that redress is available for such acts, deterrence will ensue."

After the fall of Argentina's dictatorship in 1983, Congress sharply curtailed prosecutions of former junta officials. In 2005, however, the Argentine Supreme Court ruled that no statute of limitations applied for crimes against humanity, effectively opening the door to prosecutions of those who committed crimes during the war.

While most of the cases in Argentina have focused on crimes committed by state actors, non-state actors have also been denounced for their role in the Dirty War, Carolina Varsky, director of the Memory and Impunity of the State-Sponsored Terrorism Program at CELS, said. It thus became important for CELS to acquire research on the topic.

"This research was something CELS had wanted to pursue for a long time," Ms. Varsky said. "Working with the Vance Center allowed us to do something we were not able to do ourselves because of the lack of human resources."

The research focused on the statutory framework that exists in the United States to redress acts of torture as well as aspects of relevant international law. The finished product is a massive compendium of case law that examines the grounds under which matters of crimes against humanity have been brought before courts; prosecution strategies; and impediments to successful prosecutions. 

"We hope that the legal material the team compiled will help lawyers and activists assess the viability of claims related to crimes against humanity," Ms. Schachter said.

In Argentina, CELS hopes that the research will help the country continue to recover from its traumatic past, particularly now that prosecutions of those involved in the Dirty War have been reopened.

"The trial by national tribunals for crimes committed by Argentina's security and armed forces during the last military dictatorship is setting an important precedent for the rest of the world," Ms. Varsky said. "Generally speaking, we can say that in this moment victims, families and human rights organizations have achieved access to justice."

The Vance Center's Global Clearinghouse matches community-based organizations, not-for-profit institutions, and groups of attorneys working on a voluntary basis on behalf of the poor and marginalized with attorneys who provide free legal assistance. The Clearinghouse facilitates research assistance, public interest litigation and technical assistance for the above groups.

For more information on the Vance Center's Global Clearinghouse click here or contact Elise Colomer Grimaldi.

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