Crimes against Humanity, Reasonableness and the Law: the Simon Case in the Supreme Court of Argentina

摘要

In the Simón case, decided in June 2005, the Argentine Supreme Court held unlawful the application of amnesties to crimes against humanity. The Court relied heavily on the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, ratified in 2003 by Argentina. In so doing, however, it ignored significant constitutional constraints that give priority to the right not to be judged by an ex post facto law. The other arguments provided by the Court also fail to respect the Argentine constitutional order. Thus, notwithstanding the laudable aim of preventing and punishing all crimes against humanity, this decision is regrettable.