2
evolution of contemporary international law; the establishment of an international
criminal jurisdiction is seen nowadays as an element that strengthens international
law, overcoming basic shortcomings of the past in relation to the inability to
prosecute and sanction perpetrators of crimes against humanity.3 These advances in
our times are due to the intensification of the clamor of all humanity – to the
universal juridical conscience as the ultimate material source of all law – against the
atrocities that, in recent decades, have made victims of millions of human beings
throughout the world – atrocities that cannot be tolerated and that must be
combated with determination.
8.
We must turn our attention to the superior universal values underlying the
whole issue of the recent creation of an international criminal jurisdiction with a
permanent seat. The materialization of the international criminal responsibility of the
individual (alongside the responsibility of the State), and the current process of
criminalization of grave violations of human rights and humanitarian law constitute
elements of crucial importance to combat impunity and for the treatment that should
be accorded to past violations, in order to safeguard human rights.
II.
The context of State terrorism: ‘Operation Condor’
9.
Despite the gravity of the facts of the instant case, all the details of
“Operation Condor” (in the framework of which the Case of Goiburú et al. is situated)
have not been sufficiently clarified to date (cf. infra). Under this Operation, the
security forces of the States of the Southern Cone coordinated, at the highest level
of command, to detain illegally or arbitrarily, abduct, torture, murder or disappear
thousands of persons. Although some details of this Operation remain vague even
today, as one report on the matter indicates:
“[…] There is sufficient and irrefutable evidence that State terrorism was practiced
on an international scale. The documentation found and the testimonies of several of the
agents involved reveal the complicity of the Paraguayan Government and police with the
brutal repression exercised by the dictatorships in Argentina and Chile, as well as those
of Brazil and Bolivia. It also shows how General Augusto Pinochet protected the practice
of State terrorism within and outside his country. There is evidence that both Pinochet
and Stroessner paid special attention to strengthening and coordinating their security
services and, on several occasions, they met for this purpose.”4
10.
Indeed, the historic Final Reports of both the National Commission for Truth
and Reconciliation (of Chile, 1991, the so-called Rettig Report) and the National
Commission on the Disappearance of Persons (of Argentina, 1984) confirm the
existence of the coordinated repression carried out by the secret services of the
countries of the Southern Cone that became known as “Operation Condor.” The first
Final Report, of the Commission for Truth and Reconciliation of Chile, documents the
international’ et sur l'évolution de la responsabilité internationale de l'État”, in Mélanges offerts à P. Reuter Le droit international: unité et diversité, Paris, Pédone, 1981, pp. 315-326; L.C. Green, “Crimes under the
I.L.C. 1991 Draft Code”, 24 Israel Yearbook on Human Rights (1994) pp. 19-39.
3
.
As was to be expected, the travaux préparatoires of the Statute of the permanent International
Criminal Court, adopted at the 1998 Rome Conference, in parallel to State responsibility, contributed to the
prompt acknowledgement of individual international criminal responsibility within the sphere of the present
and future application of the Statute – which represents a major doctrinal advance in the fight against
impunity for the most serious international crimes.
4
.
E. Cuya, op. cit. infra n. 126, p. 6.
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