This paper is primarily about the crimes committed by Argentina’s last military dictatorship and whether these deserve the legal qualification of crimes against humanity or “genocide.” This question has consequences which go beyond the field of law and affect society and collective psychology through the reconstruction of historical memory. From this perspective, this paper argues that the definition of Genocide set forth in international law is directly applicable in Argentine national law. It also examines the different problems with the use of this term. Finally, it aims to reconstruct the figure of Genocide from the original interpretation of the works of Raphael Lemkin, and establish the “national” group as the superordinate term and ‘ethnic’, ‘racial’ and ‘religious’ groups as cohyponyms, where “national” group includes and goes beyond the other three groups, and authorizes the inclusion of groups not explicitly covered by the 1948 Convention.
"Genocide, and its Definition as the "Partial Elimination of a National Group","
Genocide Studies and Prevention: An International Journal:
Available at: http://scholarcommons.usf.edu/gsp/vol8/iss1/5