Political Science

The Dirty War of Argentina, during its seven years of military Junta, is possibly one of the most significant events in recent South American history. From 1976 to 1983, it is estimated that nearly 30,000 people were either killed or disappeared, before democracy could be restored. As a precursor to dictatorship, General Jorge Rafael Videla tried to justify his coup dtat by proclaiming that the Armed Forces of Argentina were tempted to fulfill its obligation to the State because of ongoing mismanagement and subversive activities. The dictator further commented that their aim was to lead by satisfying requirements of Justice that included respect to an individual rights and dignity (Rosenberg, 1992, p. 123). Historians believe that this was just another excuse to derail government as the chaos was mostly right wing that did not require Military intervention. The historian viewpoint is justified in the words of famous American Attorney General, Justice Robert H Jackson, who concluded that submission of captive enemies to the judgment of law is one of the most significant tributes Power has paid to Reason (Boraine, 2006, p.19). Resorting to irrational reasoning, General Videla and his comrades not only exerted Powers on their enemies but vehemently killed anyone who they thought garnered subversive thoughts.

Subversive Elements of Society
Consequently, more than 30000 people were kidnapped from their homes which included students, professionals, workers of opposition parties and clergy. The motive behind the coup is further undermined by taking into account the widespread disappearance of babies as well as pregnant women. Moreover, experts agree that by 1976 Argentine guerillas Montoneros and ERP had already abandoned organized combat and could launch only scattered attacks (Pion, 1994, p. 109). In this regard, one should not forget that the real subversive were mostly dead by the time coup took over because the left wing guerilla operations had lost its intensity. It will not be an oversimplification to suggest that the primary objective of Junta was not only to tackle direct opposition but anyone they presumed to be a subversive element of society. To the leaders of dictatorship, labor leaders, intellectuals and anyone thought to be a threat to their aims were actually subversive, themselves. As discussed, this strategy involved ordinary civilians evident by the killings of schoolchildren portrayed as Montoneros sympathizers when they were actually picketing for lower bus fares. Such policies offer an insight into the actions of contemporary dictatorship which initiated a program of brutal repression involving mass kidnapping, imprisonment without charges, torture and murder.

A Reason to Torture
Interestingly, one may be better able to comprehend the motives and strategies of military Junta by reading accounts of a captive and that of a captor. According to the account of interviews conducted by Pulitzer Prize winner, Tina Rosenberg, one of her interviewees was a fifty year old school teacher who was taken to the notorious ESMA interrogation center so that she could tell the whereabouts of her son. Once there, the women was brutally tortured and then released. To her, the interrogators were aware that she could not provide the intended information but their possible aim was to reduce her sons interest in politics or to warn others or just to show their power (Rosenberg, p.87). Whereas this account is consistent with the plans of military to prosecute anyone presumed a threat, another account of a General provide further clues as to why torture was deemed necessary. On interviewing, a former employee of ESMA, Lt. Commander Jorge explained that one of the reasons for torture was to extract information rapidly because if a certain guerilla did not contact a predetermined cell number within two days, his comrades would declare him dead and erase clues of his identity (p. 128).

Irrespective of these claims, it is apparent that the military continued to exterminate their opponents long after two thousand remaining left wing guerillas were crippled in 1977. It is reported that even United States had a favorable view of the new dictatorship in 1975 but later understood the grave consequences of a brutal military regime forcing USA to publicly oppose Argentinean government in Falkland War A war that became the primary reason of eventual downfall of General Jorge Rafael Videla (Osorio, 2002).

Grandmothers of the Plaza de Mayo
The onset of military regime brought terror to ordinary citizens as militia driving black falcons without number plate kidnapped people from their homes and offices in broad daylight. Initially public viewed these kidnappings as left wing guerrilla activities but soon realized that the kidnappers had the backing of Armed Forces. Seemingly, everyone was caught in this vicious cycle including housewives, teenagers and babies.

The Beginnings
Soon the grieving mothers of lost Sons started inquiring about whereabouts of their beloved. Perhaps, veneration given to Mothers in traditional Spanish cultures prevented authorities from clamping down on inquisitive Mothers and it may also be the reason for an inquest that started with fourteen women silently protesting at Plaza De Mayo on one evening of April 1977. The Plaza was chosen due to its historical significance in Argentinas history as well as its place in the middle of bureaucratic enclave. The grandmothers would silently stroll around the square wearing white handkerchief embodied by the names of those lost and the date of disappearance hence founding Mothers of Plaza De Mayo movement.

Organization
Eventually the size of the group began to expand as more mothers, mostly middle class, came out of their homes making it their mission to find the Sons. Overtimes, the group swelled to fifty or sixty women but not without confrontation with Police. Three year later in 1978, the first leader of the group Azuzena Villaflor de Vicenti and eleven members were kidnapped. One of the kidnapped, Doia Azuzena underwent severe torture which later culminated in her martyrdom. In a related incident, two Nuns were also charged and clandestinely thrown into the sea from military helicopters. It was only an international outcry that resulted in the groups eventual release (Agosin, 1987, p.431). This international attention signified the widespread local and international attention that the Mothers of Plaza De Mayo had achieved.

Grandmothers Demand
By this time, the movement had already become a political theme forcing politicians, human right organizations, NGOs and international missions to take notice. Amid these developments, Mothers realized that their voice was becoming a voice of a tormented Nation so their objective had to include a broader purpose. United behind a more venerated cause, the Mothers relinquished their blood relations to embrace all lost Sons as if their own. From, My Son the purpose transformed into the slogan, Our Sons (Bellucci, 1999, p.85).

Illegally Kidnapped Grandchildren
In collaboration with other organizations, further investigations revealed that infants and young children were also abducted by the security forces. Depending upon circumstance, these infants were handed to neighbors, left in institutions of abandoned children or handed to childless couples. Infants born to pregnant women under custody often ended up within the household of security personals. It is estimated that a total of 300 children were abducted with their parents or born in captivity to disappeared mothers. It seemed that all of a sudden the Mothers had also become Grandmothers. These women visited orphanages, families and remote areas to gather clues that could help locate and subsequently relate missing children to biological grandparents or families.

By the end of 1982, the Mothers had already located 50 out of 300 children. In order to prove relationship, DNA and other highly sophisticated scientific methods were utilized to present concrete proof to Civil Courts. By 1990, 7 were found dead, 13 were supported by their adaptive and biological families, 25 had been reunited with their families and 5 cases were still pending (Penchaszadeh, 1992, p.301). At present, the movement is still active. According to the official website addressing this particular cause, 87 children are already identified while the search for others continues (Abuelas de Plaza de Mayo). Every Thursday, the Mothers congregate at Plaza de Mayo to pledge their commitment to continue search until the whereabouts of everyone is found. This search will probably continue, forever.

The role of CONADEP
Argentinas National Commission on the Disappearance of Persons (CONADEP) played the most important role in uncovering atrocities committed under previous military Junta. The proceedings of commission were jointly made successful by Alfonsins government and human right commission. It basically served a two pronged function which included the discovery of new evidence and its collection to produce strong legal cause for the prosecution of those involved (Crenzel, 2008, p.174). Both CONADEP and the best selling final summary of its findings, Nunca Mas, are thought to have a direct impact on such human right violations around the World. The eventual success of CONADEP was not without great challenges.

CONADEP and its Challenges
Perhaps the most substantial challenge faced by Alfonsins government was the creation of CONADEP, itself. Alexander Boraine, founder of International Center for Transitional Justice, explains that people in Argentina were skeptical to CONADEP success because proponents of its formation including Catholic Church were seen as silent supporter of the Military Junta (Boraine, p.22). President Alfonsin had to carefully analyze the demands of human rights commission for widespread punishments in contrast to Militarys desire to go unpunished. In order to address this issue, the commission planned to prosecute only those who actually planned brutality or those who violently exceeded their limits (p. 176). The first major hurdle appeared when authorities agreed to involve military courts. Most human right organizations, with the exception of APDH, rejected to be a part of such proceedings. Although conditions could have deteriorated further when APDH was offered a prominent role in CONADEP hearings but many freedom movements including Abuelas de Plaza de Mayo decided to help understanding that CONADEP may be the only realistic chance of fulfilling human right objectives (p. 180). Initially, only 70 testimonies from survivors were collected making it difficult to produce relevant evidence. Therefore, authorities decided to extend the search to small towns, villages and remote areas with the help of volunteers. Another challenge was to locate and generate evidence from illegal detention centers which, at the time of suppression, also acted as public offices. Nevertheless, the biggest obstacle was cleared when Nunca Mas was made public instead of keeping it a government secret, as is the tradition of most large scale inquiries in many countries (p. 189).

Trial and Human Rights
According to experts, prosecutions will not deter leaders from carrying out such atrocities unless societies learn to uproot the cause of such conditions which allow these leaders to commit crimes. One of the main purposes of criminal tribunals should be to incapacitate the national leaders ability to carry out act of violence (Aldana, 2006, p. 119). The need for these laws became apparent when democratic governments, after sentencing two prominent leaders, General Jorge Videla and Emilio Massera, survived failed coup attempts. These attempts were carried out after the initiation of trails of junior officers. To appease military and prevent further disruption, authorities passed two amnesty laws, Full Stop and Due Obedience. Although slightly controversial, proponents believe that these compromises were necessary to evade possible future threats.

Such compromises are also evident in the parties involved in reconciliation process. For example, numerous human right associations of Argentina preferred a bicameral commission with a power to subpoena testimony but eventually relegated their demands by providing voluminous documentation of human right violations (Sikkink, 2008, p.7). Despite these uncertainties, CONADEP was a resounding success as it served for collective examination of social values and the future role of institutions in Argentina. The impact of strong legal and ethical restorative laws based on the recommendation of commission is apparent in recent court orders of restraining Jorge Videla and restoring his human rights convictions.

Amnesty to Criminals
On December 29, 1990, President Carlos Menem granted amnesty to top three military leaders of the Junta, namely Jorge Rafael Videla, Emilio Massera and Leopoldo Galtieri. Former President, Ral Alfonsn called it the saddest day in Argentine history. Due to the threats of military coups and constant pressure from armed forces, Alfonsos government passed Law No. 23492 Full Stop Law which created a sixty day deadline to bring further charges. Another similar Law No 23521 Due Obedience Law dictated that most defendants acted on the orders that they were unable to question. These laws were enacted in 1986 and 1987, outraging human right activists which they considered to be an outright disregard of the efforts by thousands of individuals who had so painstakingly tried to bring perpetrators to Justice.

Efforts to Overturn Amnesty
During repression period, several human right organizations had risked compiling hordes of evidence on atrocities. At the time, they had also filed several cases in National courts and petitioned foreign governments to help. After the establishment of democracy, human right organizations helped create an agenda for transition while continuing efforts to address pending cases.

Due to these two controversial laws, only 10 individuals were ever sentenced for their crimes who were later pardoned by President Carlos Menem. Still, the Human Rights Office of the Ministry of Interior continued their quest for Justice under Menem. The first major breakthrough occurred when some junior ranked military officers came forward to testify thus igniting debates to reopen the trials. Although, the courts were unable to prosecute criminals or reopen trials but several organizations such as Madres de Plaza de Mayo and Centro de Estudios Legales y Sociales continued their struggle to carry out judicial investigations (Accountability in Argentina).

Cases Reopened
Another significant event was the case of missing babies who were illegally adopted by people. Not covered by Full Stop Law, President Menem created a Comisin Nacional por el Derecho a la Identidad to build up a case for missing children. This landmark organization was mainly represented by human right groups who successfully reopened new trials against perpetrators who had escaped punishment due to the implementation of controversial amnesty laws.

By the end of 2001, human right campaigners had built up strong partnerships with other international organizations including United Nations and Inter American Human Rights Commission. Countries including Spain, Italy, Sweden, France and Germany were already persistent in demanding extradition of those who had committed crimes against humanity. Same year, Federal Judge Gabriel Cavallo declared that international laws and treaty obligations take precedence over local Argentinean laws therefore Full Stop Law and Due Obedience Law is void. The appeal was upheld which paved way for Argentinean Supreme Court to declare by overwhelming margin of 7-1 that the two controversial laws were unconstitutional.

Currently, Jorge Rafael Videla is being tried on accusations of 30 homicides, 552 kidnapping and 264 torture cases. His partner in crime, Emilio Massera has already been declared insane. Leopoldo Galtieri suffered heart attack just days after democracy was restored. Experts believe that successful trials of former military Junta and recent convictions of Miguel Etchecolatz and Christian Von Wernich will go a long way in confronting a bloody past (ODonnel, 2009, p. 350). In this regard, the roles of human right organizations have been instrumental who continue to take decisive measures against crime on humanity. They further believe that the actions of these groups have encouraged many Latin American and African countries to take similar stance in their respective realm.

The human rights condition in Argentina is far better than it must have been two decades earlier. According to Amnesty International Website, Argentina has made significant progress in improving its human rights record. Despite delays in conviction, 44 officials have been condemned since the 1980s notorious rules annulled. The only major human right problems today include deplorable prison conditions and women reproductive rights (Argentina Human Rights Watch).