Some Issues Presented by the Legal Claim for Historical Injustices. The Conquest of the Desert Case
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| Autors: | , |
|---|---|
| Format: | artículo original |
| Estat: | Versión publicada |
| Data de publicació: | 2023 |
| Descripció: | The so-called 'Conquest of the Desert' was a series of military campaigns that occurred in the current Argentine Patagonian territory between 1878 and 1885. These campaigns resulted in the murder, rape, and enslavement of numerous indigenous peoples and communities. This was not an isolated case. It rather adds to a series of systematic attacks that indigenous people have endured in Argentina. In recent years, as a result of the demands and struggles of indigenous peoples and communities, as well as human rights organizations, some of these events have started to be brought to trial. In particular, the Napalpí Massacre (1924) and La Bomba Massacre (1947) were the first incidents to receive favorable judicial responses. In both cases, it was determined that the State's actions constituted genocide and, therefore, reparations should be provided to the current communities. However, the Conquest of the Desert, nowadays, remains unanswered by the State. Considering this scenario, this paper aims to reconstruct the multiple issues that the potential legal claim may face. To accomplish this, we will start by explaining what the Conquest of the Desert entailed. Next, we will explain the concept of genocide as applied to historical injustices. As a third step, we will reconstruct the jurisprudential cases that have addressed indigenous genocides that have occurred in the past. With this revealed scenario, we will address the various legal and political issues that arise in claims for justice. |
| Pais: | Portal de Revistas UNA |
| Institution: | Universidad Nacional de Costa Rica |
| Repositorio: | Portal de Revistas UNA |
| Idioma: | Español |
| OAI Identifier: | oai:ojs.www.una.ac.cr:article/19259 |
| Accés en línia: | https://www.revistas.una.ac.cr/index.php/derechoshumanos/article/view/19259 |
| Access Level: | acceso abierto |
| Paraula clau: | Conquest of the Desert genocide compensation reparation historical injustice intergenerational justice Campaña del Desierto Genocidio Resarcimiento Reparación Injusticia Histórica Justicia Intergeneracional Campanha do Deserto genocídio ressarcimento reparação injustiça histórica justiça intergeracional |