»Die Härten des Krieges mildern«

Die Rolle der argentinischen Bundesjustiz bei den Provinzaufständen 1860–1880

Abstract

This paper addresses the role played by federal judicial institutions in Argentina during the nineteenth-century rebellions and civil wars, thus adding a dimension of the Argentine state-building process frequently neglected in historiography. Contrary to received interpretations emphasizing the institutional mechanisms introduced by the 1853/60 Constitution to limit the concentration of power in the hands of the national executive and the subordination of judges to political authorities, this article aims to recover the ways in which judicial institutions protected civilians involved in military conflicts and guaranteed due process to the rebels. Using judicial decisions from provincial judges and the National Supreme Court as sources, the article covers episodes in the establishment of federal jurisidiction over military or provincial tribunals in the treatment of rebels, the protection of civil liberties and economic interests of civilians in wartime, and the limitation of the responsibility of civilians involved in acts of rebellion against political authorities. Finally, following the pioneering work of Jonathan Miller, the article reflects on the role played by the court in creating a »spirit of moderation« towards political opposition, thus contributing to the establishment of modern political institutions.