If governing is a difficult task, it is impossible to capitalize on justice as a transcendent and perfect ideal. But it is an essential challenge not only for democracy but for the existence of any kind of society. Without it, only violence remains, and justice and peace essentially become synonymous.
Because justice is nearly impossible to achieve, we agree to be subject to the rule of law. Law and justice are not the same. Adaptation to rules does not necessarily lead to justice, but the rule of law involves the same thing that Churchill sarcastically said about democracy. “This is the worst system of government apart from all the others ever invented.”
The beginning of the oral trial in the Quadernos case – at last – has revived ontological debates about whether the existence of justice is really possible, or whether we can only somehow permissibly approach a common subjectivity about what is just, or lawful, in a given time and space.
Authoritarians don’t like this
The practice of professional and critical journalism is a fundamental pillar of democracy. That is why it bothers those who believe that they are the owners of the truth.
and the forces that influence the culture that influence judges. Francisco de Quevedo said that if the winners judge the losers, there is no justice for the losers, and that the victors do not necessarily have to be soldiers. at the end of the diary Page/12 Written by Raoul Colman Title “Judicial Torture: Four Cases of Extortion and Blackmail to Obtain Repentance”a reader added the following comment: “The three parties in power – the economy, the media and the judiciary – do not need elections to govern the country.”
It is difficult for Kirchnerists to accept that Christina Kirchner is at least to some extent guilty of the crimes committed by the second and third lines. Without this, it is impossible to simultaneously recognize the fact that economic power, media power and judicial power are far more cruel to her than Macri or Millais. But there’s a reason for that. She absorbed Néstor Kirchner’s first four years of responsibility, adding a total of 12 years to Macri’s four and Millay’s two. And if you want to add Macri’s eight years as head of government, you need to add Néstor Kirchner’s eight years as governor.
The debate was laid bare this week on Perfil’s morning show in two interviews with Gregorio Darbon and Diego Cabot and a column on Cristina’s responsibility.
But this week, as a commemorative event was held at UBA Law School, a different argument rhymed in my head. “Envisioning the past, building the future: From Nuremberg to military tribunals” On the day of the first 80th anniversary and the second 40th anniversary, in the first panel that I moderated, Mr. Christoph Suffering, Director of the International Academy of the Nuremberg Principles, gave a presentation together with Mr. Ricardo Gil Labedra, one of the main judges who examined the Board. and Chief Federal Judge Daniel Rafecas, who has already entered the century in the second phase of the derivative trial.
It has to do with German jurist Klaus Locsin’s quote about the “intermediary of the power apparatus” and the “control of the facts” with responsibility for its consequences, and although it was not used in either the Nuremberg or Junta trials because it happened after both, I immediately associated it with the argument I had with Cristina Gregorio Darbon’s lawyer the day before about “She could not have known.”
It seemed to me that the description of Klaus Locsin’s character also applied to the collection of black money in bags described in Centeno’s notebook.
1) Command: The ability of an organization to issue orders that are carried out without question, taking into account internal hierarchies and pressures to obey.
2) Decoupling from the legal system: Power devices operate with a tolerance for illegality, acting as autonomous “power devices” whose orders violate the law and use the law to their ends.
3) Substitutability of Executors: The person executing the order can be easily replaced because the intermediary can trust that another person will carry out the order or take his place if one person refuses.
4) Availability of an enforcer to carry out the act: An enforcer is available to the intermediary perpetrator to carry out the act. This means that the intermediary perpetrator can control the executor and expect him to commit the crime.
However, two Argentine jurists on the panel were quick to say that while it would apply to the Nuremberg and Junta trials, it did not apply to Cristina Kirchner. And there, too, the critical and distrustful spirit of the journalist made me rhyme with Nuremberg in discussions of enemy criminal law and power and justice. In Argentina, it was not the external military that defeated and brought the local military to justice, we have more merit, but what was always worse than the ensuing deviations, pardons and exonerations, even more than state terrorism, was that Mario Firmenich was not convicted during the Raul regime. Alfonsin stopped him, justifying his criticism of certain biases in the construction of our memories.
Today’s PERFIL reflects that that two-part debate still resonates. This lengthy report is addressed to David Rieff, son of Susan Sontag, one of the most incisive thinkers on memory, trauma, and contemporary politics, and a member of Human Rights Watch, the Open Society Institute, and the New York University Institute for the Humanities. below the title “Memory has become sacrosanct in many forms of progressivism, but that is a historical fallacy.” Leaf criticizes the partial use of memory related to the 70s in Argentina. And in a column by Deputy Eduardo Valdez: “US archives contradict Alberto Baños’ denialism” According to the statement of the country’s Under-Secretary for Human Rights Milay before the United Nations Committee Against Torture.
And in a not-so-free association another report from Perfil’s morning show on this subject came to mind. In this case, the author of the plan that led to the Junta trial, jurist and philosopher Jaime Malamud Goti, also jurist and philosopher Carlos Santiago Nino, the right-hand man of Alfonsín’s main advisor, said: “They asked me many times if I was proud of the outcome of the military trials. No, I am not. The trials of former commanders carried out by the Federal Court are internationally recognized and highly regarded, but then there were also consequences. People were convicted without evidence or on absurd evidence and imprisoned needlessly.”
To complete half the library on one side and half on the other, Malamud Goti argues that in the case of Christina Kirchner, “she could not know” and that Nuremberg was a symbolic case of “enemy criminal law” that should be criticized. When the report was completed, Malamud Goti said he had relatives who fought as volunteers for the Allied forces in World War II and participated in combat in the Pacific. Their orders were “No prisoners, kill them all” and the Americans were not tried for war crimes, much less the Russians who committed atrocities against the Germans.
As another example, German Ambassador Dieter Rammle argued in a speech at the Faculty of Law that: “The Nuremberg Principles influenced the International Criminal Court in The Hague.” However, he added that the US never complied with this.
Reality is always more complex, and part of journalism’s mission is to show that complexity.
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