Argentina: military jurisdiction and domestic legislation

Under pressure from the Armed Forces, the “Full Stop” Law (“Ley de Punto Final”) was passed. Later, following the military uprising by the so-called “carapintadas” (“painted faces”), the “Due Obedience” Law (“Ley de Obediencia Debida”) was also passed.

Both laws granted a general amnesty to members of the military and state security bodies for human rights violations committed under the dictatorship.

Law No. 23,049 of 1984, which amended several features of the Code of Military Justice, was introduced specifically to regulate the involvement of the “individual victim” (“particular damnificado”) in military criminal proceedings. The legal status and powers granted to the victim and his or her successors in military criminal proceedings cannot be said to compare to those available to someone wishing to bring a civil action for damages (parte civil) in the ordinary courts.

Argentina-military jurisdiction-analysis brief-2004 (full text, PDF)

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