El juzgamiento de los crímenes de la última dictadura cívico-militar argentina bajo figuras del derecho penal internacional. Algunas reflexiones sobre la calificación de los hechos como genocidio

Abstract

This article resumes the discussion raised about the international legal qualification for the crimes committed during the last argentine civil-military dictatorship in the ´70s.The relevance of providing definitions about the competing figures (crimes against humanity vs. genocide) is justified by both, its practical consequences and its symbolic effects. To this end, a critical analysis of the specialized doctrine and the recent court judgments is made, exposing the positions that either support or deny the possibility of applying the type of genocide in its interpretation as partial destruction of a national group. Regarding the supportive position, the re-definition of the facts is deepened considering the geopolitical and international context in which the Latin-American dictatorships were developed as well as the foreign policy of the United States towards the region after Second World War. This analysis highlights the existence of an external agent who has participated in the planning and preparation of the dictatorial processes of the Southern Cone, and in this way it questions the interpretation of the facts as "auto-genocide" while enhancing the interpretation that gather the victims under a national criteria over a political one.