The opinion of legal experts is opposed. The reopening of the case by "Operation Traviata", the name of the recent book by journalist Ceferino Reato, triggered an unexpected future. The death of the leader of the CGT in central scene
Cause investigating the death of José Ignacio Rucci closed in 1988, was re-opened this week and it is driven at a social discussion about the role of justice. Claudia and Hannibal
Rucci, children of slain metallurgical union called for reopening of the case, so it will be called to testify to the author of Operation Traviata, Ceferino Reato journalist, who with his publication in August brought new ideas which could be decisive for the courts in years of the self process failed to find fault, do so today.
Legal Discussion
The discussion in the legal sphere revolves around whether or not to reopen the case of the former secretary general of the CGT and CEO of Juan Domingo Peron declare this case as a crime against humanity and therefore raise its applicability.
In 1945, during the process known as the Nuremberg Trial, which sought to prosecute the Nazis, the United States, the Soviet Union, Britain and France signed the Charter International Military Tribunal, which includes the category of crimes against humanity to overcome the hitherto concept of war crime traditional.
in 1998 establishing the Rome Statute of the International Criminal Court which came into force on 1 July 2002, article seven, explains that "the term" crime against humanity " any of the following acts when committed as part of a widespread or systematic attack against any civilian population with knowledge of the attack. "
can encapsulate a total of eleven acts in that category . The same article explains that enforced disappearance should be performed by "of persons by or a political organization , with the authorization, support or acquiescence . " One of the hypotheses mentioned the Montoneros as makers of the murder.
Speaking to reporters, Fabian Salvioli, Director of the Institute and a Masters in Human Rights at the Faculty of Law and Social Sciences of the UNLP , elected to the Human Rights Committee UN, considered that this case could not be seen as crimes against humanity because to do so "should form part of a general plan, or systematic." Seen like this "is not just a particular case" unable to be inalienable.
addition, the teacher Salvioli means that the Rome Statute of the International Criminal Court, can not be applied retroactively, and could not be judged as the legal instrument of death metal in 1973 succeeded Rucci . "If everything would be the effects of limitations" Salvioli synthesized to oppose the doctrine that is based on the effects produced by the facts.
For his part, and pointing out the discrepancies in the law, teaching Professor of International Law Public (Faculty of Law and Social Sciences) Norberto Consani, supports his vision pro effects that it is the same doctrine used by the fiscal Head of the International Criminal Court Luis Moreno Ocampo.
Asked hereby Consani, also director and founder of the Institute of International Relations (IRI) , said the trial in the death of Rucci, should be considered essential, and judged under the crime against humanity.
The Supreme Court already established in their judgments that a crime against humanity is only one committed from the State apparatus and not any violation of human rights is a crime against humanity.
That's where repressors and Julio Arancibia Clavel Simon and refuse extradition of Basque Jesus Lariz Iriondo, accused of involvement in attacks by the ETA also agreed that crimes against humanity are committed specifically those "with the participation or tolerance of political power, de jure or de facto."
Given the existence of a reality judged differently from the principles of the director of IRI, it is explained that "the State as a political entity, and its component bodies, but should not be politicized, and that is how the judges can change jurisprudence in a direction opposite to the previous, and thus would have no problem to believe that the right change.
to express how they vary the lines of interpretation, they say in law, "the law changes every Thursday," because that day comes together and makes rulings the U.S. Supreme Court. Frames
policies
By taking a position on the topic that currently occupies the center stage of discussion legal / political, the current leader of the CGT, Hugo Moyano, said "all such crimes against humanity should be."
"It was a crime that sought to undermine the government of Peron, who won an election." These words and the support to the family of the late union was perceived by some as the way to show their differences with some former members of the entourage montoneros the current government of Cristina Fernández.
According to research reported in Operation Traviata, who killed Rucci?, The attack was carried out by firing Montoneros headed by Julio Ivan Roque, an educator Cordoba known as "Lino". The book also contrast with the version offered by Horacio Verbitsky.
What happens with the case on the murder of Rucci have future implications. There is evidence that if prosecution of members of the Montoneros for that crime, other victims of that group or similar movements begin to ask for justice.
Political Law Faculty, UNLP consulted by this means, not wanted to risk opinions because, they argued, "should observe the relationship that would testify against humanity and Applicability Rucci case in the future, anti-terrorism laws Washintong driven and approved at the national congress. " So between watching left open the possibility that treatment of the subject to the criminalization of social protest.
Rucci, children of slain metallurgical union called for reopening of the case, so it will be called to testify to the author of Operation Traviata, Ceferino Reato journalist, who with his publication in August brought new ideas which could be decisive for the courts in years of the self process failed to find fault, do so today.
Legal Discussion
The discussion in the legal sphere revolves around whether or not to reopen the case of the former secretary general of the CGT and CEO of Juan Domingo Peron declare this case as a crime against humanity and therefore raise its applicability.
In 1945, during the process known as the Nuremberg Trial, which sought to prosecute the Nazis, the United States, the Soviet Union, Britain and France signed the Charter International Military Tribunal, which includes the category of crimes against humanity to overcome the hitherto concept of war crime traditional.
in 1998 establishing the Rome Statute of the International Criminal Court which came into force on 1 July 2002, article seven, explains that "the term" crime against humanity " any of the following acts when committed as part of a widespread or systematic attack against any civilian population with knowledge of the attack. "
can encapsulate a total of eleven acts in that category . The same article explains that enforced disappearance should be performed by "of persons by or a political organization , with the authorization, support or acquiescence . " One of the hypotheses mentioned the Montoneros as makers of the murder.
Speaking to reporters, Fabian Salvioli, Director of the Institute and a Masters in Human Rights at the Faculty of Law and Social Sciences of the UNLP , elected to the Human Rights Committee UN, considered that this case could not be seen as crimes against humanity because to do so "should form part of a general plan, or systematic." Seen like this "is not just a particular case" unable to be inalienable.
addition, the teacher Salvioli means that the Rome Statute of the International Criminal Court, can not be applied retroactively, and could not be judged as the legal instrument of death metal in 1973 succeeded Rucci . "If everything would be the effects of limitations" Salvioli synthesized to oppose the doctrine that is based on the effects produced by the facts.
For his part, and pointing out the discrepancies in the law, teaching Professor of International Law Public (Faculty of Law and Social Sciences) Norberto Consani, supports his vision pro effects that it is the same doctrine used by the fiscal Head of the International Criminal Court Luis Moreno Ocampo.
Asked hereby Consani, also director and founder of the Institute of International Relations (IRI) , said the trial in the death of Rucci, should be considered essential, and judged under the crime against humanity.
The Supreme Court already established in their judgments that a crime against humanity is only one committed from the State apparatus and not any violation of human rights is a crime against humanity.
That's where repressors and Julio Arancibia Clavel Simon and refuse extradition of Basque Jesus Lariz Iriondo, accused of involvement in attacks by the ETA also agreed that crimes against humanity are committed specifically those "with the participation or tolerance of political power, de jure or de facto."
Given the existence of a reality judged differently from the principles of the director of IRI, it is explained that "the State as a political entity, and its component bodies, but should not be politicized, and that is how the judges can change jurisprudence in a direction opposite to the previous, and thus would have no problem to believe that the right change.
to express how they vary the lines of interpretation, they say in law, "the law changes every Thursday," because that day comes together and makes rulings the U.S. Supreme Court. Frames
policies
By taking a position on the topic that currently occupies the center stage of discussion legal / political, the current leader of the CGT, Hugo Moyano, said "all such crimes against humanity should be."
"It was a crime that sought to undermine the government of Peron, who won an election." These words and the support to the family of the late union was perceived by some as the way to show their differences with some former members of the entourage montoneros the current government of Cristina Fernández.
According to research reported in Operation Traviata, who killed Rucci?, The attack was carried out by firing Montoneros headed by Julio Ivan Roque, an educator Cordoba known as "Lino". The book also contrast with the version offered by Horacio Verbitsky.
What happens with the case on the murder of Rucci have future implications. There is evidence that if prosecution of members of the Montoneros for that crime, other victims of that group or similar movements begin to ask for justice.
Political Law Faculty, UNLP consulted by this means, not wanted to risk opinions because, they argued, "should observe the relationship that would testify against humanity and Applicability Rucci case in the future, anti-terrorism laws Washintong driven and approved at the national congress. " So between watching left open the possibility that treatment of the subject to the criminalization of social protest.
* (Fuente. By Estanislao Harpoons Reporters at the University Portal)
exclusive interview with Luis Moreno Ocampo, Prosecutor of the International Criminal Court
The FARC can be investigated for "crimes against humanity"
"In any country, if it is proved that a guerrilla was massive and systematic attacks against civilians, we are dealing with crimes against humanity." With those words, Luis Moreno Ocampo justified his claim that the FARC, Colombia's main rebel group, "may be amenable to an investigation" at the International Criminal Court, which has its headquarters in The Hague. In addition, he questioned the doctrine of the Kirchner government, which holds that only the state can commit such crimes and allowing the crimes of the guerrillas in the 70 not being judged.
Since coming into office in 2003 as solicitor of the International Criminal Court based in The Hague, Luis Moreno Ocampo opened summaries of four African countries: Uganda, Sudan, Congo and Central African Republic, and launched "preliminary tests" in other six countries on three continents, including internal armed conflict in Colombia, which admits that he could investigate the Revolutionary Armed Forces of Colombia (FARC), the main guerrilla group in that country, for crimes against humanity.
In an exclusive interview with PROFILE, Moreno Ocampo said that "war crimes against humanity may be committed by non-state groups. The FARC are liable to an investigation. The Colombian government has sent us information because they have cases against leaders of the FARC. We have not made a decision. "
For Moreno Ocampo, crimes against humanity are not exclusive to a State or a statewide group, as claimed by the government of Cristina Kirchner, also in this area follows that of her husband, Nestor. "A crime against humanity is an organized and systematic attack against civilians. If I could prove that guerrillas carried out these crimes, it could be argued that commit crimes against humanity. In the Rome Statute there is nothing that requires that only the state can commit such crimes. In any country, if it is proved that a guerrilla was massive and systematic attacks against civilians, we are dealing with crimes against humanity, "Moreno Ocampo said.
For Moreno Ocampo, crimes against humanity are not exclusive to a State or a statewide group, as claimed by the government of Cristina Kirchner, also in this area follows that of her husband, Nestor. "A crime against humanity is an organized and systematic attack against civilians. If I could prove that guerrillas carried out these crimes, it could be argued that commit crimes against humanity. In the Rome Statute there is nothing that requires that only the state can commit such crimes. In any country, if it is proved that a guerrilla was massive and systematic attacks against civilians, we are dealing with crimes against humanity, "Moreno Ocampo said.
His words take on a special weight not only for their current position: in Argentina, Moreno Ocampo is remembered for his starring role as a prosecutor in the trial of leaders of the military dictatorship in 1985 .
"You visited Colombia in November 2007 and is conducting a preliminary examination. When you know your findings?
"Our role for the court to the extent that the national justice system has not investigated or impunity. The judgments that I would like to do, should do the country. If not, I do. We are monitoring the proceedings opened in Colombia against the commanders, an issue that involves members of Congress. We went and interviewed the victims and saw the judges, prosecutors and government to understand their vision of the situation. We are analyzing the evolution of these cases and once the assessment, we will speak out.
"Our role for the court to the extent that the national justice system has not investigated or impunity. The judgments that I would like to do, should do the country. If not, I do. We are monitoring the proceedings opened in Colombia against the commanders, an issue that involves members of Congress. We went and interviewed the victims and saw the judges, prosecutors and government to understand their vision of the situation. We are analyzing the evolution of these cases and once the assessment, we will speak out.
- What think of the accusations against the president of Venezuela, Hugo Chavez, made by the president of Colombia, Alvaro Uribe, who accused the FARC finance?
"Probably, we will ask for this information to the three countries involved, Colombia, Venezuela and Ecuador, whose states are part of the Rome Statute that created our court.
Born in 1952, the father of four children, the lawyer and former federal prosecutor in Argentina has become the prosecutor of the International Criminal Court (ICC). Unlike the Nuremberg trials, the former Yugoslavia and Rwanda, motivated by political decisions of the international community, the ICC embodies a "judicial decision" of the States that signed the Rome Statute in 1998 to investigate and punish genocide, war crimes and crimes against humanity since its entry into force on 1 July 2002.
Born in 1952, the father of four children, the lawyer and former federal prosecutor in Argentina has become the prosecutor of the International Criminal Court (ICC). Unlike the Nuremberg trials, the former Yugoslavia and Rwanda, motivated by political decisions of the international community, the ICC embodies a "judicial decision" of the States that signed the Rome Statute in 1998 to investigate and punish genocide, war crimes and crimes against humanity since its entry into force on 1 July 2002.
"I complain too cautious, as if waiting for you with a greater number of initiatives. What is your balance?
-The fate of a prosecutor is to be criticized. Same as Carla del Ponte criticized for making a big statement against Serbian President Slobodan Milosevic, criticize me because I believe that the lower the summary he iniciado contra Thomas Lubanga Dyilo en la República Democrática del Congo. No hay consenso y me parece muy bien que haya críticas. Me comprometí a perseguir a los altos responsables y he cumplido. Lubanga es el número uno del grupo de criminales que estuvo involucrado. También estoy instruyendo un segundo caso en ese país contra Germán Katanga y Mathieu N’Gudjolo, jefes de otro grupo. Estas tres personas han sido arrestadas y el primer juicio en La Haya está previsto para junio. En Uganda, investigó a los cinco jefes de la Lord’s Resistance Lord. En Darfour, inculpé al entonces ministro del Interior, hoy ministro de Asuntos Humanitarios, Ahmed Harun. Cuando analizo un caso elijo los crímenes más serious and investigated to their top executives. * From Geneva
The Kirchner use a shorter rod
Attorney General's Office, Esteban Righi, established as a limited approach: only a crime against humanity, crimes committed since the State apparatus . The order came last year to all prosecutors in the country. With this doctrine, the attacks by the guerrillas, as the Montoneros or People's Revolutionary Army, are not being considered crimes against humanity and for that reason they have prescribed.
Attorney General's Office, Esteban Righi, established as a limited approach: only a crime against humanity, crimes committed since the State apparatus . The order came last year to all prosecutors in the country. With this doctrine, the attacks by the guerrillas, as the Montoneros or People's Revolutionary Army, are not being considered crimes against humanity and for that reason they have prescribed.
also the Supreme Court of Argentina established in their decisions the same line of reasoning. He did so in the case of repressors Arancibia Clavel and Julio Simón, when the Supreme Court made a difference between a human rights violation and a crime against humanity, committed since the State apparatus. The Court stated that any violation of human rights is a crime against humanity and agreed with the definition of Righi. But there are other lawyers who hold a more comprehensive approach, such as the prosecutor Luis Moreno Ocampo, covering also the guerrillas.
prosecutor, teacher and social activist
Deputy Public Prosecutor before the Federal Court of Appeals Criminal Matters in 1985 was tried and condemned the military junta in Argentina's last dictatorship.
participated in the trial against the Police in Buenos Aires for human rights crimes, including General Ramon Camps.
As head of the Office of the Federal Court of Buenos Aires was in charge of trials against the military responsible for the Falklands War (1988) and two cases of military rebellion carapintada (1988 and 1992).
Professor at Stanford University (2002) and Harvard University (2003).
Co-founder of Poder Ciudadano, a nongovernmental organization that promotes accountability and citizen participation. Committee Member
Adviser to Transparency International, a worldwide organization to reduce corruption in international business transactions.
Since 2003, chief prosecutor of the International Criminal Court. For now, investigate the crimes committed in Uganda, in the Sudanese region of Darfur and the Democratic Republic of Congo.
Deputy Public Prosecutor before the Federal Court of Appeals Criminal Matters in 1985 was tried and condemned the military junta in Argentina's last dictatorship.
participated in the trial against the Police in Buenos Aires for human rights crimes, including General Ramon Camps.
As head of the Office of the Federal Court of Buenos Aires was in charge of trials against the military responsible for the Falklands War (1988) and two cases of military rebellion carapintada (1988 and 1992).
Professor at Stanford University (2002) and Harvard University (2003).
Co-founder of Poder Ciudadano, a nongovernmental organization that promotes accountability and citizen participation. Committee Member
Adviser to Transparency International, a worldwide organization to reduce corruption in international business transactions.
Since 2003, chief prosecutor of the International Criminal Court. For now, investigate the crimes committed in Uganda, in the Sudanese region of Darfur and the Democratic Republic of Congo.
* Source (Journal Profile)
0 comments:
Post a Comment