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

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