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Civil resistance and the geopolitics of impunity

The Spanish jurist who went after Pinochet reflects on the battle to unseat impunity in Chile and Argentina, and looks ahead to Spain's continued efforts to shake off its collective amnesia. Español

Published:
General_Francisco_Franco_victory_parade_Spanish_Civil_War_1939_3.jpg
General_Francisco_Franco_victory_parade_Spanish_Civil_War_1939_3.jpg

Rather than justice, Spain elected for collective amnesia to deal with the crimes of General Francisco Franco (Public Domain)

Impunity, as the absence of justice, is the second of two assaults on both the law and the dignity of victims, being second only to the original crime itself. Impunity is one of the greatest affronts to society and to the rule of law and, far from being transient, it endures until subsequent governments or judges either repeal or nullify the legislation that created it or developed it as a means of evading legal redress.

As lived reality or in the law, impunity is usually present in some form in our lives, whether through laws designed to protect big criminals, a judicial inability to confront both major and minor criminal activity, an absence of political will to tackle weaknesses in the judicial system, unrestrained granting of pardons in circumstances of transitional justice, or irrational acquittals or illegal amnesties. All with scant regard for accepted international standards and the doctrines of human rights courts and tribunals that prohibit such actions.