Imprescriptibility of the claims action for crimes against humanity and the State liability. Comments on Argentine jurisprudence and legislation

Abstract

The processes of claims on the imprescriptibility of crimes against humanity in Latin America have in recent decades involved an advance in guaranteeing justice for victims of serious human rights violations in recent military dictatorships. But this progress in the criminal area has not been accompanied by judicial measures that allow civil claims to the perpetrators of serious crimes and particularly the State as institutional responsible for the state agents who committed them. The unenforceability of civil actions under the new State responsibility regime in Argentina raises new debates on its legal regulation, in accordance with the international obligations assumed by the State.