Argentina May Investigate Spain’s Franco-era War Crimes

by Julian Ku

This seems like a bad idea for a number of reasons that are too obvious to go into here.

BUENOS AIRES, Argentina — Argentine human rights groups are turning the tables on Spain, hoping to open a judicial probe of murders and disappearances committed during the Spanish Civil War and the early years of Gen. Francisco Franco’s dictatorship.

Lawyers representing Argentine relatives of three Spaniards killed during the 1936-39 war will ask the federal courts here Wednesday to open an investigation, and hope to add many more cases in the months to come.

http://opiniojuris.org/2010/04/21/argentina-may-investigate-spains-franco-era-war-crimes/

3 Responses

  1. I have no way of checking whether this is the actual complaint, but I came accross it while surfing the web. It looks official… I Thought it would be of use to spanish-speaking OJ readers.

    http://www.cadenaser.com/csermedia/cadenaser/media/201004/14/espana/20100414csrcsrnac_1_Pes_PDF.pdf

  2. Why would this be a bad idea? In the US, wouldn’t you be able to sue or file complaints for murder of a US citizen during, for instance, the Lebanese civil war?

  3. It is actually more complicated than that… This is all included in a prosecution against spanish Judge Garzón for bringing up the investigation of crimes against humanity in the Franco’s era (specially during the war). Some far right organizations filed a claim to get Garzón out of the judiciary and the claim is  being processed.

    The basis of this claim is the Amnesty Act passed short after Franco died. Although, Garzón tried to judge the acts committed under international law, some other jurists and the claimant said that he should have avoid that investigation in order not to confront with the Amnesty Act, as the judge should know the law (the principle of iura novit curia).

    This is a critical question: to which extent is the investigation for crimes against humanity over municipal law. And take into account that I said investigation and not judgment, if they were clearly committed I guessed this would be out of question.

    However, it goes even further, because this judge has always tried to get the attention of the public opinion in and desperate attempt to get the Ministry of Justice. Some of his colleagues at the Supreme Court would not like that. For this reason he is now awaiting the final decision that could lead him to lose his career.

    In Argentina, as well as in Spain, some organizations have tried to help judge Garzón, as we could see in this post.

Trackbacks and Pingbacks

  1. There are no trackbacks or pingbacks associated with this post at this time.