'Genocide' against political groups in Latin America in light of the Travaux Preparatoires of the Genocide Convention (1948): the case of Argentina

This chapter examines the genocide findings made by some Argentinian courts as a result of the widespread and severe human rights violations that occurred during the military dictatorship of 1976-1983. Based predominantly on a narrow selection of the travaux preparatoires and other documents predating the Genocide Convention (1948), as well as a decision from Spain's Audiencia Nacional, Argentinian judges have held that the physical destruction of 'political groups' as such or effectively as a part of a national group falls within the definition of genocide as included in said Convention. This chapter reviews the travaux preparatoires of the Genocide Convention (1948) relevant to the protected groups and shows that the drafters did not envisage genocide against political groups directly or indirectly as part of a national group. Accordingly, these Argentinian cases do not withstand close academic scrutiny.