Elizabeth Santalla Vargas’s research while affiliated with Universidad Privada Boliviana and other places

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Publications (1)


An Overview of the Crime of Genocide in Latin American Jurisdictions
  • Article

August 2010

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44 Reads

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5 Citations

International Criminal Law Review

Elizabeth Santalla Vargas

Genocide is included in most Latin American Criminal Codes that were enacted long before the adoption of the Rome Statute. Genocide's criminalization in Latin America has, to a large extent, deviated from the Genocide Convention definition with respect to the actus reus, mainly concerning the protected groups. However, the existing jurisprudence does not shed much light on the reasons or justifications for such a deviation; it is rather inconsistent in some instances. The implementation of the Rome Statute offers mixed signals as to the legal and policy trends in Latin America with regard to the scope of genocide. The fact that the codification of crimes against humanity has gained momentum with the entry into force of the Rome Statute implies an increasing need to reflect on the coherence of the domestic criminalization of core crimes.

Citations (1)


... 269 Similarly, the atrocities committed by repressive regimes plausibly explain why most Latin-American countries expanded the definition of genocide in their domestic criminal legislation. 270 It is understandable that states with particular experiences of repression and human rights violations may seek to adapt the internationally agreed-upon definition to their particular contexts, 271 since genocide, as the "crime of crimes", bears a special stigma and the term conveys an extraordinary sense of gravity and evil. 272 Indeed, in many countries debating the qualification of national tragedies as genocide could very well trigger public outrage since the general public might regard it as a denial of their historic grievances. ...

Reference:

The crime of genocide in its (nearly) infinite domestic variety
An Overview of the Crime of Genocide in Latin American Jurisdictions
  • Citing Article
  • August 2010

International Criminal Law Review