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Law on Film
Law on Film explores the rich connections between law and film. Law is critical to many films, even to those that are not obviously about the legal world. Film, meanwhile, tells us a lot about the law, especially how it is perceived and portrayed. The podcast is created and hosted by Jonathan Hafetz, a lawyer, legal scholar, and film buff. Each episode, Jonathan and a guest expert will examine a film that is noteworthy from a legal perspective. What does the film get right about the law and what does it get wrong? Why is law important to understanding the film? And what does the film teach about law's relationship to the larger society and culture that surrounds it. Whether you're interested in law, film, or an entertaining discussion, there will be something here for you.
Law on Film
Argentina, 1985 & Granito: How to Nail a Dictator (Guest: Rachel López) (episode 8)
This episode examines Argentina, 1985 (2022) (directed by Santiago Mitre) and the documentary, Granito: How to Nail a Dictator (2011) (directed by Pamela Yates). Both works engage with questions of transitional justice, or how societies confront mass atrocities committed by a prior repressive regime. Argentina, 1985 depicts the Trial of the Juntas in Argentina, where a prosecution team led by Julio César Strassera (Ricardo Darín) and future-ICC chief prosecutor, Luis Moreno Ocampo (Peter Lanzani), sought to bring leaders of Argentina’s former military dictatorship to justice for human rights abuses committed during the so-called Dirty War. Granito: How to Nail a Dictator depicts long-running efforts to hold accountable Guatemalan General Efraín Ríos Montt for genocide and other atrocities committed during Guatemala’s brutal civil war. Our guest is Rachel López, Associate Professor of Law at the Thomas R. Kline School of Law at Drexel University. Professor López is a widely recognized expert on transitional justice and has studied efforts to hold former leaders responsible for mass abuses in Guatemala and elsewhere.
Timestamps:
0:00 Introduction
4:15 Defining transitional justice
6:47 The “Dirty War” in Argentina
10:04 Overcoming the public’s blind faith in the military
12:42 Appealing to multiple audiences in accountability trials
16:18 The Prosecutors in Argentina: Julio César Strassera & Luis Moreno Ocampo
21:38 Argentina’s trial of military leaders in historical context
25:46 Las Madres de Plaza de Mayo and the role of civil society
31:02 The parallels between the atrocities in Argentina and Guatemala
33:38 The challenges of holding leaders responsible (i.e., nailing a dictator)
37:56 The “boomerang effect”: universal jurisdiction and the litigation in Spain
42:01 The significance of the genocide prosecution in Guatemala
44:54 The risks of relying too much on trials in transitional justice
50:10 The discovery of the records of Guatemalan National Police
51:54 Investigating atrocities
53:28 The implications of failing to reckon with the past
56:06 America's role in the atrocities in Argentina and Guatemala
58:08 The trials' legacy and lessons for the U.S.
Further reading:
Engle, Karen, Anti-Impunity and the Human Rights Agenda (Cambridge Univ. Press, 2016)
López, Rachel E., "The (Re)Collection of Memory after Mass Atrocity and the Dilemma for Transitional Justice," 48 N.Y.U. J. Int’l L. & Pol. 799 (2015)
Guatemala: Never Again, The Official Report of the Human Rights Office, Archbishop of Guatemala (1999)
Nunca Más, The Report of the Argentine National Commission on the Disappeared (1986)
Roht-Arriaza, Naomi, The Pinochet Effect: Transitional Justice in the Age of Human Rights (Univ. of Penn. Press, 2005)
Sikkink, Kathryn, The Justice Cascade: How Human Rights Prosecutions are Changing World Politics (W.W. Norton and Company, 2011)
Teitel, Ruti G., Transitional Justice (Oxford Univ. Press, 2000)
Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember.
For more information about Jonathan, here's a link to his bio: https://law.shu.edu/profiles/hafetzjo.html
You can contact him at jonathanhafetz@gmail.com
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