## Facts

- Admiral Emilio Eduardo Massera was a senior Navy commander and a leading member of the military junta that ruled Argentina from 1976 to 1982.
- After the return to democratic rule, Argentina brought criminal proceedings against former junta leaders for grave abuses committed during the dictatorship, including crimes against humanity connected to the forced disappearance of people.
- Massera was prosecuted and convicted for crimes arising from the junta’s campaign of repression, including conduct linked to enforced disappearances.
- Massera appealed to the Argentina Federal Appeals Court, arguing that the prosecution was barred because the statute of limitations had expired.
- The appeal required the court to address whether ordinary limitation rules could bar prosecution for the charged conduct given its character and the time that had passed since the dictatorship period.

## Issues

1. Whether the statute of limitations barred Argentina’s prosecution of Massera for junta-era crimes against humanity, including conduct associated with forced disappearances.

## Decision

- The appellate court rejected Massera’s statute-of-limitations defense.
- The court allowed the prosecution (and resulting conviction) to stand, concluding that limitations did not bar accountability for the charged crimes against humanity.

## Legal Principles

- Statutes of limitations applicable to ordinary crimes do not bar prosecution for crimes against humanity where domestic law, international obligations, or controlling legal rules treat such offenses as not subject to prescription.
- Enforced disappearance may be treated as a continuing wrong for limitations purposes, because the unlawful deprivation and concealment of the victim’s fate persists until the person’s fate is determined.
- Courts may interpret domestic limitation rules in light of Argentina’s duties under international human-rights and humanitarian law to investigate and punish grave violations.

## Conclusion

The Argentina Federal Appeals Court rejected Massera’s argument that the statute of limitations barred the case, holding that the prosecution for junta-era crimes against humanity could proceed despite the passage of time, including in light of the legal treatment of forced disappearances and related grave offenses.


Massera re Appeals, No. 30514 (1999)