The processes in Italy and Argentina against the “Condor Plan”. A reflection on the Modes of Liability for International Crimes

Abstract

The authors analyze the proceedings in Italy and Argentina against the “Plan Condor”. In particular, they analyze which modes of liability have been applied for crimes committed as fragments of a criminal macro-system, which is the  phenomenon in relation to which international criminal law has been developed, using the tools of Italian criminal law, which adopts a unitary model, and Argentine criminal law, which adopts a differentiating model. On the basis of this analysis, they reflect on the suitability of such normative models to reflect the  particularities of those events, not only in order to satisfy the claim to  reconstruct them historically, but also in order to guarantee that all  participants are punished in accordance with the extent of their individual responsibilities, without
affecting the principle of taxativity.