Argentina
Argentina has dedicated legislation criminalizing terrorism from 2000. More recently, the Penal Code has been amended to tighten restrictions on financing that may be used for terrorism. Any criminal offence in the Code is considered terrorism when it is perpetrated with the specified motivation: either to terrorize the population or to compel government conduct.
The Definition of Terrorism in Domestic Law
A 2000 Law defined terrorism as "criminal actions committed by members of illicit associations or organizations established with the aim of causing alarm or fear, and that are carried out using explosives or flammable substances, weapons or, in general, elements of high offensive power, provided that they are apt to endanger the life or bodily integrity of an indeterminate number of people."Law 25.241: Acts of terrorism.The law was subsequently amended such that the definition in the Penal Code was made determinant.
In the Penal Code, terrorist offences are defined as those committed with the purpose of terrorizing the population or compelling national public authorities or foreign governments or agents of an international organization to do or refrain from doing an act.Art. 41 quinquies, Penal Code of Argentina.The increased penalty for terrorism does not apply when the event or events in question take place during exercise of human rights or any other constitutional right.Art. 41 quinquies, Penal Code of Argentina.
Adherence to Global and Regional Terrorism Treaties
Argentina is a State Party to all of the major United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
It is also a State Party to the 2002 Inter-American Convention against Terrorism.
| Treaty | Adherence |
|---|---|
| 2002 Inter-American Convention against Terrorism | State Party |
Laws and Penalties for Terrorist Offences
The Penal Code stipulates offences and penalties for acts of terrorism. A criminal act that amounts to terrorism results in the doubling of the minimum and maximum sentence for the offence.Art. 41 quinquies, Penal Code of Argentina.This so when the offence is committed with the purpose of terrorizing the population or compelling national public authorities or foreign governments or agents of an international organization to do or refrain from doing an act.Art. 41 quinquies, Penal Code of Argentina.Terrorist financing carries, upon conviction, a sentence of five to fifteen years' imprisonment.Art. 306, Penal Code of Argentina.
The Penal Code applies to offences committed in or which have effects on the territory of Argentina or in other places subject to its jurisdiction. It also applies to offences committed abroad by agents or employees of the Argentine authorities in the performance of their duties.
Counterterrorism Capacities and Policies at Domestic Level
Argentina has a Federal Operations Special Group within its Federal Police that focuses on counterterrorism and hostage rescue. The Group is a specialized police unit of the General Directorate of International Terrorism and Complex Crimes.
Glossary
Twitter