Commentary on Judgment No. 23262 of 2023: Crimes Against Humanity and Non-Applicability of Statute of Limitations

The judgment No. 23262 of May 3, 2023, issued by the Court of Cassation, represents an important step forward in the fight against impunity for crimes against humanity. This ruling clarifies that, in cases of extradition, the statute of limitations for the crime cannot be invoked when it involves crimes that offend the fundamental rights of humanity and violate jus cogens.

The Principle of Non-Applicability of Statute of Limitations

The Court has established that crimes against humanity, such as murder and torture, are not subject to statute of limitations. This principle is confirmed not only by national legislation but also by the Rome Statute of the International Criminal Court, ratified by Uruguay, which states that such crimes must be prosecuted without temporal limits. This is a fundamental concept in international law, as crimes against humanity violate universal rights and cannot be ignored or minimized.

Crimes against humanity - Reasons preventing extradition - Statute of limitations - Exclusion - Reasons - Case. In the context of passive extradition, the completion of the statute of limitations cannot be invoked as a reason preventing extradition when crimes against humanity are in dispute, as they offend transnational interests and violate "jus cogens," which are norms of living law considered universally binding by all states, and that, positioned at the top of the international legal order, prevail over any other legal norm, whether conventional or customary, being incorporated into the domestic legal system by Article 10 of the Constitution. (Case concerning extradition requested by the Uruguayan government against a citizen of that country, a military at the time, investigated for the murder of a regime opponent who died due to the torture suffered, in which the Court noted that the principle of non-applicability of statute of limitations for crimes against humanity is also affirmed by the Rome Statute of the International Criminal Court, ratified by Uruguay, and highlighted that Article 4 of Law No. 110 of July 14, 2017, excludes any form of immunity for foreigners investigated or convicted abroad for acts constituting torture).

The Implications of the Judgment

The repercussions of this judgment are significant. It not only reinforces the principle of individual responsibility for atrocious crimes but also clarifies that national laws cannot be used as a shield to evade justice. In particular, Article 4 of Law No. 110 of July 14, 2017, emphasizes that no form of immunity can be recognized for foreigners accused of torture. This represents a fundamental step towards a more just and equitable legal system.

  • Non-applicability of statute of limitations for crimes against humanity.
  • Principle of individual responsibility.
  • Immunity not applicable in cases of torture.

Conclusions

In summary, judgment No. 23262 of 2023 constitutes an important legal clarification regarding extradition and crimes against humanity. It reaffirms the necessity to prosecute those responsible for such crimes without any exceptions, thereby contributing to the construction of a legal system that protects the fundamental rights of humanity. It is essential that each state adopts these principles, thereby ensuring justice and truth for the victims of atrocities.

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