A Full Stop to Amnesty in Argentina: The Simon Case

In Simón, the Argentine Supreme Court held that two amnestylaws, adopted in the late 1980s in order to shield authors ofserious human rights violations committed during the so-called‘Dirty War’ (1976–1983), were unconstitutionaland void. Although the Argentine Congress had already repealedthe two laws in 2003, uncertainty about the validity of thisparliamentary decision had led to some controversy. With itsdecision in Simón, the Supreme Court puts an end to thelegal uncertainty concerning the prosecution of serious humanrights violations committed under the military regime and definitivelyclears the path for judicial actions against their authors.Setting aside deeply rooted national legal principles —such as statutory limitations, the principle of legality andamnesties — the Argentine Supreme Court has confirmedthe role of human rights principles and of public internationallaw in general in dealing with the most heinous crimes againsthumanity.