Practice Relating to Rule 159. Amnesty
The Constitution of the City of Buenos Aires (1996) (Argentina) provides that the functions of the head of government of the autonomous City of Buenos Aires shall include the authority to “pardon or commute penalties individually and in exceptional cases following a plea by a competent court. However, at no time may he pardon or commute, inter alia
, penalties for crimes against humanity, or crimes committed by public officials during the course of their duties.”
In the Cavallo case
in 2001, Argentina’s Federal Judge nullified two 1987 laws that had amnestied hundreds of military officers for human rights violations during the country’s 1976–1983 dictatorship. The judge stated that these laws did not respect States’ obligations under international law to investigate and punish human rights violations and crimes against humanity.