Practice Relating to Rule 157. Jurisdiction over War Crimes
Argentina’s Code of Military Justice (1951), as amended in 1984, provides:
When operational troops are on enemy territory, all the inhabitants of the occupied zone are subject to the jurisdiction of the military tribunals, no matter which ordinary crime or offence they are accused of, except if the military authority provides that they are to be prosecuted by the ordinary courts of the occupied zone.
In his legal opinion in the Schwammberger case before the Cámara Federal de la Plata in 1989, the Attorney-General of Argentina stated:
States that have endured and suffered genocide have the right by means of their laws to assess the extent of the crimes and to punish in their courts of law those accused of participating in such aberrant and cruel behaviour. Neither time, nor borders, nor the laws of any given country shall prevent the just advance of punitive law in the face of such repugnant acts, which are so deeply debasing for mankind and which undermine civilized coexistence.