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The Priebke Extradition Case before the Argentine Supreme Court*
Published online by Cambridge University Press: 17 February 2009
Extract
In early 1995, Italy ordered the extradition from Argentina to Italy of Erich Priebke. The request was made on the basis of an arrest petition against Priebke issued by the Judge in charge of the preliminary investigation before the Military Justice of Rome. Priebke was accused of ‘having been a member of the German Army, an enemy of the Italian State, in cooperation with … odier German soldiers, widi … executive action of … criminal design and acting with cruelty on people … causing the death of 335 people most of them Italian citizens, military men and civilian people who were not taking part in military operations, and premeditated shooting some shots against them, in “Cave Ardeatine”, Rome, on 24 March 1944 during the time of the war between Italy and Germany.’
- Type
- Current Developments: The Case of Erich Priebke
- Information
- Copyright
- Copyright © T.M.C. Asser Instituut and the Authors 1998
References
1. By Order No. XXX.
2. Arrest petition signed by Judge Giusseppe Mazzi, Rome, 9 May 1994.
3. Sentence of the Argentine Supreme Court on Erich Priebke's Extradition Request. Case 16.063/94, 2 November 1995. For details, see infra p. 404.
4. By Law number 24.584, on 1 November 1995, the Argentine Congress approved the Convention on the Imprescriptibility of War Crimes and Crimes against Humanity (Convención sobre la Imprescriptibilidad de los Crimenes de Guerra y de los Crimenes de lesa Humanidad.) On 23 November 1995, the President of Argentina promulgated the law. Argentina ratified the Convention without any reservations.
5. Argentina adopted a law to incorporate the Convention on 1 November 1995. See infra p. 401.