Revisiting the origins of Argentinas military junta trial: political, moral, and legal dilemmas of a transitional justice strategy

CRENZEL, EMILIO ARIEL

Canadian Journal of Latin American and Caribbean Studies

Routledge, Taylor & Francis Group

Lugar: Montreal; Año: 2017 vol. 42 p. 144 - 164

0826-3663

Revisiting the Origins of Argentina?s Military Junta Trial:Political, Moral,and Legal Dilemmas of a Transitional Justice Strategy  Emilio CrenzelCONICET-UBA-IDESArgentina   AbstractThisarticle examines the conceptual construction and the dilemmas surrounding thestrategy that led to the trial of the military juntas furthered by PresidentRaúl Alfonsín to address the human rights abuses perpetrated during the lastmilitary dictatorship in Argentina (1976-1983). The article argues thatAlfonsín?s decision was the result of a process and as such was shapedgradually in dialogue with the political, moral, and legal dilemmas raised bythe crimes and with the initiatives furthered by the armed forces and the humanrights movement, two major actors in the transition to democracy. The articlelooks at the discussions over the space in which prosecution would take place, thescope of the trials in terms of criminal justice, and their relationship withthe construction of the truth regarding the crimes. In that way it contributesto the study of a foundational strategy in the field of transitional justice,and, at the same time, reveals the teleonomic nature of projects aimed at dealingwith legacies of systematic human rights violations. Keywords:Argentina, Military Junta Trial, Origins, Dilemmas, Moral, Politics.