Argentina–Finally on the Right Side of History

On Feb. 20, the Argentine Senate approved a bill that incorporates the so-called “Trial in Absentia” into Argentina’s criminal procedure law.

Because of the adoption of this new criminal procedure (which will only apply to actions that amount to “war crimes” or “crimes against humanity”), the accused of having perpetrated the 1994 AMIA bombing—the worst (Iranian-sponsored) terrorist attack in the history of Latin America—will be put on trial, even if they continue to refuse to appear before the Argentine courts. Iran-backed terrorists bombed the hub of the Jewish community in Buenos Aires on July 18, 1994, blowing up the Argentine Israelite Mutual Association building, killing 85 and injuring 300.

For many years, a group of brave Argentinians fought tirelessly, and against all odds, for this to become a reality. These people included relatives of the victims, legal experts, a few politicians, journalists, and other remarkable individuals. Daia, Argentina’s Jewish umbrella organization, played an important role as well. But the adoption of this legislation was only possible, in the end, because of the strong support given by the current government of President Javier Milei.

As an attorney (by training) and a representative of B’nai B’rith, I’ve followed the AMIA case for years, and concluded that the only way to achieve some measure of justice was for Argentina to adopt this procedure, which already existed in other countries with respectable legal traditions, such as Italy and Spain. I laid out the case in a Jerusalem Post article back in 2017.

But it was not until I met Luis Czyzewski, whose daughter Paola was tragically killed in the AMIA blast at age 21, that I decided to become more heavily involved with this important cause. Luis fought relentlessly for years for Trials in Absentia to be allowed in Argentina, and his heroic struggle is an inspiration to all of us.

In 2022, at my initiative, B’nai B’rith produced an important documentary, which can be seen here. The documentary calls on the Argentine Congress to adopt the Trial in Absentia procedure, and brings important personalities to endorse it, such as former President of the Inter-American Court of Human Rights Elizabeth Odio Benito, and renowned American diplomat and attorney Stuart Eizenstat.

By adopting this legislation, Argentina is putting itself at the forefront of the fight against transnational terror, as the perpetrators of crimes of this magnitude will no longer be able to escape justice, just by refusing to appear before the courts. Argentina will no longer be the “land of impunity” it has been until now, which will also help prevent future terrorist attacks.

The adoption of this law brought a little bit of light to a very dark day, as it occurred, coincidentally, a few hours after the horrific and barbaric return by Hamas of the dead bodies of dual-Israeli-Argentine babies Ariel and Kfir Bibas.

Milei declared two days of national mourning, and several landmark buildings in Buenos Aires were illuminated with images of the Bibas family.

Today, there is no doubt that Argentina is on the right side of history.

This post was originally published on the B’nai B’rith website.