267. Similarly, high courts of Peru, 269 Argentina. 270 Chile, 271 Colombia, 272 Costa Rica, 273 El
Salvador, 274 Guatemala, 275 Mexico, 276 Paraguay 277 and Uruguay 278 have reaffirmed the
principle of the non-applicability of the statute of limitations to crimes against humanity, war
crimes and genocide, referring to its nature as a norm of customary international law.
268. Lastly, the Court points out that several countries of the Americas have incorporated
legal or constitutional provisions on the non-applicability of statutory limitations to serious
269
Cf. Constitutional Court. Judgment of March 21, 2011, 25% of the legal quorum of members of Congress against
the Executive. Case file No. 0024-2010-PI/TC, considerandum §7; Superior Court of Justice of Lima. First Special
Criminal Chamber. Judgment of September 15, 2010, File No. 28-2001-1ºSPE/CSJLI.
Cf. Supreme Court of the Nations, inter alia: Appeal judgment of November 2, 1995, Case of Erich Priebke No.
16,063/94, considerandum 5; Appeal. Judgment of August 24, 2004, Case of Arancibia Clavel, Enrique Lautaro, case
No. 259, consideranda 12 to 38; and Appeal. Judgment of June 14, 2005, Case of Julio Héctor Simón et al., case No.
17,768, considerandum 30. See also: Argentine Federal Criminal and Correctional Appeals Chamber, Appeal.
Judgment of September 9, 1999, Massera ref/objections, Case No. 30514, considerandum III; Federal Criminal Oral
Court No. 1 of San Martín Judgment for crimes against humanity. August 12, 2009, General Riveros et al. in the case
of Floreal Edgardo Avellaneda et al., considerandum I; Argentine Federal Criminal and Correctional Appeals Chamber,
Appeal for annulment. September 9, 1999, Case of Videla et al., considerandum III; Federal Appeals Chamber of La
Plata (Chamber II). Decision of July 17, 2014, FLP 259/2003/17/CA3, consideranda VI and VII.
270
271
Cf. Supreme Court of Justice, Criminal Chamber. Cassation judgment on the merits. December 13, 2006, Case
No. 559-04, Case of Molco de Choshuenco (Paulino Flores Rivas et al.), consideranda 2 and 12 to 19; Second Chamber
of the Supreme. Cassation judgment on form and merits. Novembr 17, 2004, Case No. 517-2004, consideranda 33
and 37; Appeals Court of Santiago, Chile, Case of Sandoval, Judgment of January 4, 2004. Case No. 2182-98,
consideranda 33 and 37.
Cf. Constitutional Court: Judgment on constitutionality. July 31, 2002, C-580/02 and Judgment on constitutionality.
August 18, 2011, C-620/11. See also: Council of State, Administrative Contentious Chamber (Third Section,
Subsection C). Judgment of September 17, 2013, Case No: 25000-23-26-000-2012-00537-01(45092).
272
273
Constitutional Chamber of the Supreme Court of Justice. Consultation on constitutionality. January 12, 1996, File
6543-S-95 Opinion No.0230-96, considerandum II.B.2.
274
Cf. Constitutional Chamber of the Supreme Court of Justice of El Salvador. Unconstitucionality. July 13, 2016, File
44-2013/145-2013, considerandum IV.
275
Cf. Constitutional Court. General unconstitutionality. November 8, 2016. File No. 3438-2016, considerandum IV.
Cf. Supreme Court of Justice of the Nation. Amparo review. Judgment of June 10, 2003, Plaintiff: Ricardo Miguel
Cavallo, No. 140/2002.
276
277
Cf. Supreme Court of Justice, Objection of unconstitucionality. May 5, 2008, Judgment No. 195, Basilio Pavón,
Merardo Palacios, Osvaldo Vera and Walter Bower ref/ bodily injury in the exercise of public functions.
278
Cf. Supreme Court of Justice, Cassation appeal. August 24, 2016. Case file 170-298/2011, Judgment 1,280/2016,
considerandum III.
68