Fundación Abravanel is about to publish its first book
on international terrorism and human rights.

We would like to share with our readers some important news: the prestigious
publishing house of Buenos Aires University, EUDEBA, after an exhaustive assessment
has decided to publish under its seal the book TERRORISMO Y DERECHOS HUMANOS:
APUNTES PARA UNA LEGISLACIÓN ANTI-TERRORISTA (Terrorism and Human
Rights: Notes on Antiterrorist Legislation) written by Fundación Abravanel’s
researchers team.
The book presentation for the public will take place in December, 2008, and will be
sponsored by DAIA and the American Jewish Committee.
Below we offer our readers an executive summary of our upcoming publication.
“Fundación Abravanel’s publication entitled TERRORISMO Y DERECHOS
HUMANOS: APUNTES PARA UNA LEGISLACIÓN ANTI-TERRORISTA (Terrorism and
Human Rights: Notes on Antiterrorist Legislation) serves as an introduction to the
necessary debate on antiterrorist and human rights legislation, which has not taken
place thus far in Latin American countries in general (with the honorable exception
of the Dominican Republic) and in the Southern Cone countries in particular.
The political and legal analysis this work provides is indispensable in times
when our region faces serious challenges affecting the fragile democracies in Latin
American countries, due to the emergence and consolidation of populist and
demagogic governments which encourage and abet international terrorism elements
and organizations which have operated or even settled in these areas of the world,
risking the lives of their inhabitants in general and of their vulnerable minorities in
particular.
In 2007, the Argentine Congress passed the wrongly designated “Antiterrorist
Act” (no. 26.268). Despite the fact that it provides a significant advance in the
struggle against the financing of international terrorism, it does not constitute an
autonomous and complete legal framework for combatting the scourge of terrorism
effectively, since it solely introduces a minor modification in the National Criminal
Code. Thus, it fails to deepen into the substantial legal matters regarding
antiterrorism, such as: the investigation of, prevention of, procedures for
combating, prosecution of, listing of and international cooperation against
terrorism. In this respect, the legal situation in the rest of the Southern Cone
countries suffers from a degree of similar inactivity and insufficiency. Fundación
Abravanel’s publication, consequently, makes an analysis of the incomplete
Argentine act, revealing its omissions and shedding light on the actual legal and
institutional questions which must be included within the legislation for combatting
international terrorism efficiently, but always abiding by the law and the
Constitution.
It is with the firm belief that the struggle against the scourge of
international terrorism must take place completely within the legal framework that
we have conducted the investigation resulting in this publication.

The concrete aim of this work is to offer legal tools in order to begin a
constructive and peaceful dialogue in the political and institutional times of our
region, which in the near future will allow the enactment of serious, complete and
reasonable antiterrorist legislation under the international standards on human
rights and the international customs in force on the matter.
The core of this work is that which reaffirms the necessity to avoid futile
discussions about the complex and ideologized definition of “terrorism”, replacing it
for a clear punishment for “terrorist acts”, which are always morally and legally
unjustifiable inasmuch as they constitute deliberate attacks against defenseless
civilians.
In a few words, the first chapter of the book (to be published by the Buenos
Aires University Press, Eudeba) tackles the question of Antiterrorist International
Law in depth, by analysing the international and regional documents on the matter;
the treatment of international terrorism before and after September 11, 2001; the
analysis of the regional tools: especially, the Inter-American Convention Against
Terrorism, the antiterrorist legislation adopted by the EU, its Conventions and the
making of lists of terrorist groups; the different motivations of international
terrorist organizations; terrorism and International Humanitarian Law; the question
of the terrorist attacks against the Embassy of Israel and the AMIA; and, lastly, an
analysis regarding how international terrorism affects the democratic system
altogether.
The second chapter of the book tackles the question of Compared
Antiterrorist Law, beginning with a critical analysis of the Argentine act no. 26.268
and then it presents an analysis of Compared Law. Within this framework, the USA
Patriot Act is dealt with critically and other examples of antiterrorist legislations in
force are analysed as well, such as those enacted by Canada, Australia, Spain,
Germany and Great Britain.
For the appendix of our book we have selected and translated into Spanish
some extracts from the USA Patriot Act. Furthermore, we introduce in our country
the recently enacted Antiterrorist Act of the Dominican Republic given its
importance and the example it sets for the region. Finally, there is a transcription
of the lecture delivered by Dr Claudio Grossman, Dean of American University
Washington College of Law (WCL) and former President of the Inter-American
Commission on Human Rights. His lecture was presented during the debate on
Antiterrorist Legislation and Human Rights organized by Fundación Abravanel on
April 3, 2008 at Buenos Aires University College of Law.
We hope this investigation will contribute valuable elements to the necessary
discussion of future antiterrorist legislations to be enacted by the democracies in
our region in their struggle against the scourge of international terrorism and for
the respect for human.”

The President of our foundation, Dr. Agustín Zbar, opened the debate by highlighting four reasons that make this debate imperative in our country:

• Argentina has been twice a victim of international terrorism in 1992 and 1994
• International terrorism violates fundamental rights
• International terrorism attempts against the stability and the foundations of democracy
• In Argentina there are not regulations that are effective and respectful of the international standards on the subject

At the meeting, Dr. Claudio Grossman, Dean of American University Washington College of Law, said that during the hearings of the AMIA trial, when he was President of the Inter-American Comission on Human Rights, he observed that, certainly, the legislation in our country was backward and ineffective as regards international terrorism. Zbar pointed out that the so called Antiterrorist Act No. 26.268, passed in 2007 in our country, didn’t improve the situation but it helped to fight the funding of international terrorist organizations.

Grossman and Zbar agreed that internacional terrorism constitutes a challenge for the democracies in our region, and that it is necessary to debate about the adoption of regulations that can strike a balance between the effectiveness in the struggle against international terrorism and the respect for human rights.

The following are some of the participants that attended the debate: Dr. Guillermo Montenegro, Minister of Security and Justice of the City of Buenos Aires; Lic. Patricia Bullrich, Member of Parliament; Dr. María José Lubertino, President of INADI; Dr. Ricardo Gil Lavedra; Mr. Jorge Telerman; and journalists Pepe Eliaschev and Omar Lavieri. The meeting was also attended by authorities of jewish institutions and members of the foreign delegations of Spain, Canada, the United States and Israel, among which the presence of the Colombian Ambassador Jaime Bermúdez and the Russian Ambassador Yuri Korchagin stood out.

Following Dr. Grossman’s lecture, which will be posted soon, the participants debated on four central questions which are transcribed below:

Is it appropriate to debate in Argentina about enacting integral antiterrorist legislation which regulates the state investigation into matters of prevention and instruction?

Does Latin America have, at the regional level, appropriate and sufficient instruments to face up to international terrorism?

Do you agree with the making of lists of organizations that commit internacional terrorism acts, such as the list made periodically by the EU, among others?

What kind of relation should exist between the state of emergency, the suspension of guarantees and the antiterrorist policy?

To enrich the debate, relevant material especially written by researchers of our foundation was distributed in advance. It is available here and here. We recommend reading this material to those who are interested in studying the subject in depth.

The event was expressly supported by Dr. Eugenio Raúl Zaffaroni, Minister of the Supreme Court of Justice; Dr. Leandro Despouy, President of the General Audit of the Nation; and the Latino and Latin American Institute of the American Jewish Committe (AJC).

We would like to thank Dr. Atilio Alterini, Dean of Buenos Aires University College of Law, sincerely for allowing us to make use of his prestigious house of studies for the meeting.