Criminal State

CRIMINAL STATE

Criminal state: Argentina (1976-1982) 'Dirty War'

Abstract
The promotion, development and protection of human rights is the base and foundation of the international legal system. This study explores the nature and conditions in which Argentina's de facto [G][g]overnment (1976-1982) imposed a cynical predetermined regimen suppressing the population of it constitutionalrights. This paper will analyze the legitimacy of the State during the 'Dirty War'and the consequences of the violations of human rights during this period.

State Terrorism
Historical review
On the 24th of March 1976, a coup toppled [down] President Isabel Peron. The downturn of the economy, terrorist attacks by left wings guerillas E.R.P. (Ejercito Revolucionario del Pueblo), the clandestineanticommunist organisation counteractions (Triple A) as well as the high levels of corruption contributed to the disruption of the democratic government and the access of the 'Junta Militar' (Abuelas, 2000). The new government commanded by Jorge Rafael Videla, Emilio Eduardo Massera and Orlando Ramon Agosti installed[announced] as their main objectives the suppression of 'subversive' leftwingterrorist cells and the reorganization of the economy through a program called 'Proceso de reorganizacion nacional'. [italicise non-english words and phrases]In the attempt to eradicate the 'terrorists' and any Marxist penetration, the government involved itself in the so-called 'Dirty War' depriving the civilian population of its constitutional rights and subsequently unraveling the worst repressionpossible with the excuse of state emergency. Within this policy human rights were violated time after time, and one of the crimes accounted and committed by the state was the kidnap and illegal adoption of babies (Castrillon, 2000).

State
First[, the] State has to be defined, as a component part (offender) of the triangle in the criminal process described by Findlay (2003)[1999?] (offender,observer and victim). It will also contribute to [an]understand[ing of] the relationship and the dynamics of the systematic violation of human rights organized by the 'Junta Militar'. This definition is also important to later understand the influence of the concept in the alleged criminal acts of the Dirty War and the abduction of babies in that period. For McCormick (2002)[, the] State is a legaland physical entity possessing four key elements: fixed territory, sovereignty over that territory, legal and political independence and legitimacy. Gramsci's interpretation portrays a more dynamic approach in which State is said to be the political and theoretical processes where domination by the governing class and consent of the governed interact (Femia, 1981). Though, this limited definitionmay refer to state apparatus and government rather than to [the] State. It is important to explore in deep this concept of state and with it see if we can pair legitimacy with authoritarian governed state. [better not to use capital letters for words such state - unless absolutely called for]

Legitimacy
The Argentinean State in the context of the international system did indeed comprise thefour elements described by Mc Cormick (2002) though the legitimacy of the governing authorities can been seriously questioned. In democracies representatives derive their legitimacy from their citizens but were does the dictatorship obtain its legitimacy? Does the passivity of the population or the relative consensus of mayor groups delineate it? Different positions can be taken regarding thelegitimacy of an authoritarian regime but it can be established that it does lack of legality. The crimes in study were masterminded by the government itself, an authoritarian regime that gain power through a coup, illegitimate state representatives engaging in acts that violated human rights. The liabilities of horrendous crimes such as disappearance, torture, murder and kidnapping of babies are...