Universal Jurisdiction in Argentina: The Armenian Genocide and Beyond

A significant milestone in Argentina’s commitment to remembrance was the enactment of Law 26.199 in 2007. This law officially designated April 24th as the “Day of Action for Tolerance and Respect among Peoples.” Through this legislation, Argentina not only commemorates the beginning of the Armenian Genocide in 1915, but also acknowledges the Holocaust, where six million Jews were systematically murdered by the Nazis.
Our collaborative efforts with Jewish associations have extended beyond commemorative events to include diplomatic initiatives aimed at confronting denialism and advocating the recognition of both genocides. Notably, in 2015, the Argentine Senate unanimously passed a resolution reaffirming Armenian Genocide and condemned the atrocities of the Holocaust. This bipartisan action underscores Argentina’s unwavering commitment to historical truth and justice, sending a powerful message of solidarity to affected communities worldwide.
Even though these efforts are extremely important, they are not related to accountability in any way. Holocaust had its trials, and the Armenian Genocide remains without any type of justice.
And the question remains, as Argentina has itself been the target of atrocities, and has also been in charge of justice restoration through their domestic channels, could we discuss Argentina as a venue where reparation and justice processes could take place?
We are aware that Argentina does not allow processes in absentia, and if so, why are the local courts becoming a safe haven for atrocities which do not find accountability in any other place in the world?
Furthermore, Argentina is almost playing a pioneering role in the field of human rights by exercising universal jurisdiction over atrocities. Regardless of where the crimes were committed or the nationality of the perpetrators, Argentina has pursued legal action against individuals accused of genocide, war crimes, or crimes against humanity. This proactive approach demonstrates Argentina’s resolution to hold perpetrators accountable and ensure justice for victims, transcending national borders in the pursuit of truth and accountability.
This paper intends to discuss the principles of universal jurisdiction and its use within Argentina and its courts. Whether we speak about Franco’s regime atrocities or we take a close look at the Rohingya case, which is both being investigated before the ICC and in the domestic courts of Argentina. The recent decision to allow local judges to investigate crimes committed in Venezuela during Maduro’s regime has been considered. Moreover, the Armenian submission since 2021 is still pending, and efforts are being made to open the case. Ukrainian citizens have recently filed a legal claim against Russian perpetrators, although a decision regarding opening a case has yet to be made.