Chapter Six

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Justice in the Land of Memory

Reflecting on the Temporality of Truth and Survival in Argentina
Natasha Zaretsky

The Park of Memory is a serene space, situated on the edge of Buenos Aires’ River Plate. Upon entering, one
can see various sites of memory—metal rods uncannily reverberating in the wind, geometric sculptures and
other material interventions in the landscape. A wall stretches towards the water’s edge, inscribed with rows
of names, documenting the people disappeared and killed during the 1976–1983 military dictatorship in
Argentina. Thirty years after the end of the dictatorship, I walked along that path with an Argentine friend,
searching through the rows of names until she found the one she knew. The park had provided visitors with
blank sheets of white paper, which she used to gently position over her friend’s name, slowly tracing the
edges of the letters in memory of that friend, killed in those years of state violence.
These traces of memory represent the remains of a violent past, rendered visible by the sites and practices of
cultural memory created in Argentina in response to terror. Along the water’s edge, one can also find a
walking path with signposts and maps, detailing the repression and terror of that time. One sign depicts
multiple outlines of people, along with the number 30,000—the estimated number of disappeared. Yet another
sign, hauntingly, presents the profile of one person in a single airplane, linking this park and this space to the
histories of bodies thrown into the River Plate during the infamous death flights—when those considered
subversive were ‘disappeared’ into the water.1
This Park of Memory forms part of a complex topography of memory and citizenship in Argentina, sites of
memory to the victims of state violence in Argentina. During the dictatorship, remembering the victims of
state repression was a powerful form of dissent: family members of the disappeared used the memory of
victims to challenge the attempts to silence and elide their experience and, further, to ‘disappear’ the very
effects of state violence.2 This continued during the years of democracy after the dictatorship ended in 1983,3
when, despite a landmark truth commission (the 1984 CONADEP), subsequent amnesty laws led to years of
impunity.
It is during those years without substantive justice that Argentina became what I would call a ‘land of
memory’—a nation of memory-based protests. As sociologist Elizabeth Jelin (2003, 2017), argues, the
memory of repression became a critical site of contestation between civil society and the state and an
important ground for building democracy. These protests also helped herald an era of reform. The amnesty
laws were finally overturned in 2003, allowing justice to return to the land of memory, with hundreds of
human rights trials that have been launched—enabling the state to hold perpetrators accountable for past
crimes against humanity through a process of retributive justice that many have been waiting for and
demanding for decades.
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These forms of justice offer avenues to reckon with a violent past and achieve a measure of accounting,
sustaining the human rights movements in their advocacy against impunity. Yet as these trials unfold, it is
imperative to explore what they ultimately mean within the broader framework of recovery from past
violence. For decades, Argentines turned to memory and testimony as mechanisms of survival when
retributive justice was untenable—and, certainly, memory and truth have historically served as core tenets of
transitional justice efforts (Hayner 2001; Hinton 2010). However, now that retributive justice has become
possible through trials of perpetrators, what role does cultural memory have?
This chapter examines the lived experience of justice in the land of memory that Argentina has become,

exploring the continued

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 exploring the continued need for cultural memory and a truth that transcends juridical understandings. I
suggest that such memory offers critical insights into the social value and import of these juridical spaces,
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especially when considered within the broader framework of collective repair. This view of memory resists
and challenges normative assumptions and understandings of the process of recovery—teleological framings
of progress that serve as the foundation of transitional justice and peace studies more broadly, as noted by
Alexander Hinton, Giorgio Shani, and Jeremiah Alberg (see the introduction). Indeed, the processual and
often uneven nature of cultural memory in Argentina reveals the plurality and contingency of survival, also
evident in the spaces that trials and testimony provide for social repair and trauma. This therefore generates
opportunities to rethink peace and consider how these processes challenge any normative assumptions of a
simple progress in the aftermath of state violence.
In this way, memory, as Hinton, Shani, and Alberg suggest in the introduction, is inherently subversive to
teleology precisely because of its plurality. Yet, as Marita Sturken (in this volume) notes, a greater
proliferation of memory does not necessarily generate peace or greater understanding; further, silence, as
Leigh Payne (in this volume) argues, can also present an important form of communication. Yet, while state
violence and trauma can pose certain limits to dialogue and understanding, even generating paralysis, other
forms of expression, such as the arts, can provide meaningful forms of exchange (see Zerubavel, in this
volume). Indeed, by turning to cultural practices on the ground (see also Sawhney, in this volume), the
dynamics of lived experience suggest that these memorial challenges can yield meaningful engagement with a
complex past.
Such processes of cultural memory in Argentina are the focus of this chapter, drawing on ethnographic
readings of memory as situated in contemporary juridical testimonies of state violence. These public spaces of
witnessing offer new opportunities for engaging with a complex past, renewing its meaning in the present in
an active process that suggests an important part of peace in Argentina hinges on public spaces of memory in
civil society. I begin with an overview of the history of memory-based human rights groups that arose in
response to state violence. I then review the current state of justice, including an analysis of the human rights
trials. I also examine the continued salience of memory and testimony within this context of justice, exploring
its significance as a space of citizenship and healing. I conclude by contemplating the complex temporalities
of survival in Argentina, including what they reveal about broader issues pertaining to transitional justice and
the continuing importance of truth and memory to understanding peace and the aftermath of mass violence.

THE LAND OF MEMORY

In the years of repressive state violence during a military dictatorship (1976–1983) that some scholars call
genocide,4 Argentines turned to memory as a form of protest and dissent. Groups like the Mothers of the
Plaza de Mayo, whose children were disappeared, took to Buenos Aires’ central plaza to protest the
repression of the state, marching every week. Such practices of memory became especially important in
response to the overwhelming silence of the dictatorship. During those years, as Elizabeth Jelin and Susana
Kaufman note, memory became a key space for society to make sense of and resist that violence, suggesting
that the contradictions and tensions evident in the uses of memory offer valuable insights into Argentine
society (Jelin and Kaufman 2000, 90). Further, this attention to the processual nature of cultural memory has
become the hallmark of memory studies (Hirsch 2012; Olick 2003; Sturken 2007; Zerubavel 1995),
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emphasizing how societies collectively construct a sense of the past, including the contestations and conflicts
inherent to negotiating the meaning of violence.
The significance of such memory work in Argentina hinged on the silences central to state terror. The
detentions, tortures and disappearances were waged in a clandestine way, with the military in power
attempting to disappear not just human beings but also the truth of that time. Indeed, in many ways, the power
of the state’s repressive apparatus depended on the terror and fear of the populace—a silence disrupted by the
protests of the Madres and the work of other human rights organizations, like the Asamblea Permanente de
Derechos Humanos (Permanent Assembly for Human Rights). These social movements actively resisted the
official narratives denying human rights abuses and crimes against humanity underway. The Madres, for
instance, used their
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 official narratives denying human rights abuses and crimes against humanity underway. The Madres, for
instance, used their protests in public spaces like the Plaza de Mayo to challenge the notion that their children
had simply disappeared and to defend their rights to know the truth of what happened. Through their protests
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and advocacy, they also inscribed memory into public spaces and the political ethos of democratic Argentina.
Some form of accounting, however, became critical to the transition from violence to democracy. One of the
first acts of newly elected President Alfonsín was to create the CONADEP—the National Commission on the
Disappeared, created in 1983 to investigate and document the systematic abuses committed by the state from
1976 to 1983. As one of the first truth commissions in the world, the CONADEP5 served as an important
model for transitional justice, seeking to address the patterns of human rights abuses without rendering
Argentina vulnerable to another military coup. It thus offered a possible model for national repair and
sustainable transition into democracy. Yet for many of the human rights groups, actively remembering their
children and the victims of the dictatorship remained imperative, as did the possibility for justice and greater
accountability, especially pressing with the institution of amnesty laws that heralded an era of impunity in the
1990s.
In those years without justice, memory took on an even more prominent role in Argentine politics. In
addition to the Mothers of the Plaza de Mayo, other human rights groups were also active, such as the
Abuelas de Plaza de Mayo (Grandmothers of the Disappeared), whose mission was to search for their
grandchildren, kidnapped by the state or born while their parents were detained. Many of those children were
then adopted to military families, and some have since been reunited with their biological families since then
through DNA matches (Gandsman 2012). H.I.J.O.S. (an organization representing children of the
disappeared) was formed in 1995 to demand justice for the perpetrators of the crimes against their parents.
They chose another modality of protest, also occupying public spaces, but instead of marching in the central
plaza of Buenos Aires, they turned to ‘escraches’—noisily marching down the streets where perpetrators lived
to call out their presence and render visible that which otherwise may vanish under the surface of everyday
life.6
Memory thus came to shape civil society in powerful ways that would later lead to political changes,
especially under the leadership of Néstor Kirchner (2003–2007) and, later, Cristina Fernández de Kirchner
(2007–2015). During that time, the state incorporated the memory of repression into their human rights
platform. In 2002, for instance, 24 March became a national holiday, the National Day of Memory for Truth
and Justice. Additionally, those terms—‘Memory’, ‘Truth’ and, ‘Justice’—became engraved in pillars at
important sites like the ESMA, where thousands of victims were kidnapped and tortured, in a space located
within the periphery of Buenos Aires. That very site became officially known as the ‘ex-ESMA’ also called
the Space of Memory, and lies adjacent to the Park of Memory; it would also house the offices of the human
rights groups noted above as well as the archive, Memoria Abierta (Open Memory), which has created a
significant collection of testimonies related to the state violence.7 This attempt to reinforce memory in the
social landscape developed throughout Argentina, with various official sites of memory installed,8 signalling
the ongoing salience of memory to Argentine politics and citizenship.

JUSTICE RETURNS: AN ANALYSIS OF HUMAN RIGHTS TRIALS

While memory and truth became significant parts of civil society, they have always existed in a state of
constitutive tension with justice—or the lack of justice—in the decades that immediately followed state
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violence. In 1985, the ‘Trial of the Juntas’ prosecuted just nine high-ranking military officers, with five
ultimately sentenced and four acquitted. Yet even those trials lost their meaning shortly thereafter when two
amnesty laws: the Full Stop Law in 1986 (limiting prosecution to lawsuits indicted within 60 days of the
law’s enactment and effectively silencing the 600 pending charges) and the Due Obedience Law in 1987
(essentially giving a blanket amnesty to everyone involved). Then, in 1989–1990, the subsequently elected
President Menem pardoned those officers who had been sentenced or court-martialed.9
In the period of impunity that followed, memory and truth became even more significant in the place of a
delayed justice. Other forms of testimony would also take on a new significance, including the 1995
publication of The Flight by journalist Horacio Verbitsky, which detailed the account of Adolfo Scilingo, a
retired naval officer
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 publication of The Flight by journalist Horacio Verbitsky, which detailed the account of Adolfo Scilingo, a
retired naval officer who had admitted to personally pushing 30 people to their deaths from the death flights
he operated. In this account, Scilingo, unsparingly, detailed what he witnessed and observed in those flights,
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and, as Leigh Payne (2008) notes, this was a confession without remorse—a different form of testimony than
that provided by victims and one that was predicated on the expectation that he would not suffer any
consequences for telling his story.
Less than 10 years thereafter, such a confession would be less likely due to changes in the judicial sphere
that would expose perpetrators to being held accountable for such crimes. In 2003, the Argentine government
overturned the amnesty laws that were instated in the late 1980s.10 Additionally, that year, the Supreme Court
of Argentina permitted extraditions for crimes against humanity. This, then, opened the door for trials of those
perpetrators who had been living without accountability for decades. The first such trial took place in 2006,
focusing on Miguel Etchecolatz. Since then, there have been more than 140 related to crimes against
humanity and more than 500 convictions, with trials taking place throughout the nation, including Tucumán,
Córdoba and Buenos Aires (Human Rights Watch 2016).
Perhaps one of the most significant trials that emerged focused on the crimes that took place at the notorious
ESMA, where an estimated 5,000 people were tortured and disappeared, a site of extensive repression. After
decades of advocacy, the ESMA megatrial began in 2012, with 68 former officials facing 800 charges,
including kidnapping, torture and murder. Some of the most notable accused being tried include Alfredo Astiz
and eight death flight pilots. On 29 November 2017, the ESMA megatrial came to a close, with 29
perpetrators sentenced to life in prison and 19 receiving sentences of eight to 25 years for their role in the
brutal repression during the dictatorship.
In this way, with the ESMA trial and other trials, it seems as if justice had arrived in the land where memory
predominated, along with a strong affirmation of what is known as the ‘right to truth’—a precedent developed
in response to the phenomenon of forced disappearance and one that is supported by the American
Convention for Human Rights and further reaffirmed through the transitional justice mechanisms (such as the
CONADEP) and, now, the juridical sphere through these trials.11 These trials certainly represent a significant
step forward in the path towards justice and accountability for the perpetrators and the state.
These processes of transitional justice are part of global efforts underway in various nations trying to move
forward following periods of state violence and genocide (Hayner 2001; Hinton 2010). Yet, while a global
phenomenon, there are also quite specific contingencies to consider, including how local contexts and cultures
shape the lived experience of justice, as suggested by Hinton (2010) and the work of legal anthropologists like
Sally Engle Merry (2006). Focusing on local contexts and contingencies also dovetails with what
Leonardsson and Rudd (2015) reference as the ‘local turn’ in studies of peace building, with an emphasis on
‘voices from below’ and local agency in understanding postconflict societies.12 This reinforces the
significance of an ethnographic approach to redefining universalizing categories (such as peace and justice)
that can otherwise flatten lived experiences. Indeed, anthropologists, traditionally concerned with the voices
of various subjects ‘on the ground’, can contribute in important ways to studies of peace and transitional
justice (see Hinton 2010, 2; see also the introduction).
By focusing on such processes of recovery and the pluralities of lived experience, additional questions can
emerge, as Hinton (2018) suggests, in relation to the normative assumptions underlying what he coins the
‘transitional justice imaginary’. This includes teleological notions of progress and a ‘utopian better future’ (7),
ascribing possibilities of transformation that may never actually be possible; such an imaginary then becomes
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a ‘justice façade’, in Hinton’s words, that might conceal more than it reveals about societies attempting to
rebuild following genocide and state violence.
In Latin America, these desires for a better future also resonate with the significance of ‘truth’. Truth
commissions or processes have become an important political and social force in the region over the past 30
years. The 1983 CONADEP was one of the first truth commissions in the world and the first to generate a
report that became a best seller (Robben 2010). Since then, truth commissions have proliferated in Latin
America, taking on particularly powerful weight in the aftermath of authoritarian rule and state violence.
From Argentina and Chile to Brazil, Guatemala, and Peru, truth has emerged as an important space for

accounting for :past

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 accounting for past violence. In response to state terror, torture, disappearances, and genocide, communities
of survivors, and victims, and concerned citizens, have turned to truth as a grassroots response as they seek to
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advocate for justice and resist the official erasure of their experience; states have also engaged truth as a form
of transitional justice, using truth commissions and other modalities of truth (such as the opening of state
archives) to transition from conflict or violence into democracy (Hayner 2001). During times when justice
and prosecution of perpetrators of abuse may not appear possible, truth commissions have developed as
official paths forward (noting, of course, the teleological assumptions this implies as well, following Hinton
2018); it also becomes a way to achieve ‘restorative justice’—a way to restore the order disrupted by political
violence. Moreover, some scholars, like Martha Minow (1998), argue that truth commissions may offer a
more effective way of acknowledging past violence and helping victims heal, more effective, perhaps, than
trials would on their own. Of course, such commissions, as instances of transitional justice, should also be
critically assessed for the normative assumptions framing the possibilities for repair they entail (following
Hinton 2018).
In Argentina, as Robben (2010, 2018) argues, the desire for retributive trials has animated transitional
justice efforts and human rights advocacy (in contrast to the experience of Chile, for instance, where an
emphasis on reconciliation dominated). However, more than spaces of retribution, in what follows, I argue
that trials also serve as dialogic spaces of memory that continue to be critical to the renewal of civil society
and sustaining peace and the fabric of a society in repair.

BEYOND JUSTICE: TRAUMA AND DIALOGIC MEMORY IN THE ESMA TRIALS

Part of the significance of truth commissions for recovery relies on the understandings of surviving trauma
and the particular role of testimony in societies following genocide and other forms of political violence.13
Scholars of trauma and political violence understand testimony and narrative to hold a central place in
survival and reconciliation—allowing individuals14 and nations to heal and move forward. The struggle to
find one’s voice when reaching the edge of experience and the paradoxical necessity of finding that voice for
survival are well covered in the literature on psychological trauma, violence and war.15 This necessity for a
listener and recognition can also extend beyond the psychoanalytic encounter to apply to other instances like
truth commissions, such as the CONADEP.16 Transitional justice, as Martha Minow (1998) reminds us, offers
a space for collective healing. In these moments of testimony, the listener is the critical interlocutor, then, of
the narrative that is central to moving forward from trauma, reinforcing the dialogic nature of posttrauma
narratives and survival itself.17 Yet testimony also operates within juridical spaces as well—with trials
revealing new openings for a collective, public memory.
In what follows, I offer reflections on the patterns emerging in the testimonies during the ESMA trials
(2012–2017). These trials certainly provide evidence that seeks to prove the crimes that were committed at
this site of torture and repression. Yet the testimonies that emerge during the trials also reveal a more plural,
contingent accounting, a witnessing to both the violence that took place and the aftermath of that violence—to
the memories of those crimes as they have impacted people’s lives. These testimonies, I suggest, expose the
complex articulations of memory and justice in the juridical space of the trial, offering evidence and traces of
history as well as memory.18
Many of the accounts, presented decades after the violence, offer evidence of the systematic nature of the
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abuses that took place at the ESMA. For instance, in Andrés Ramón Castillo’s testimony of 3 October 2013,
he described the role of doctors during torture sessions as follows:
He stated that there was at least one doctor present at his kidnapping. The doctors, he clarified, were there to make sure that the
person kidnapped made it out alive to the clandestine center of detention, torture and extermination. Once at the center, the
doctors took part in the torture sessions, so that the kidnapped could be tortured without dying as long as the torturers wanted.
One of the doctors he saw at the ESMA was Magnacco.
He also stated that the ESMA doctors participated in the systematic appropriation of babies. The Marines spoke about their ‘
Sarda’ (in relation to maternity). As this room was close to the bathroom, they could see what happened inside when they
walked by. Some time later, the guards began to show them the newborn babies. He remembers seeing around 15. ‘El Gordo

Selva ’ (‘Fat Selva’) was in charge of finding clothes for the baby, and also of later stealing those same babies. At the ESMA
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 Selva’ (‘Fat Selva’) was in charge of finding clothes for the baby, and also of later stealing those same babies. At the ESMA
they said that the babies would be given to someone, but they never said to whom.
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This appears to be a straightforward witness statement—describing what Castillo observed at the ESMA,
including providing specific details of names of those involved.
Yet, in addition to those who witnessed the violence in the ESMA, the trials also presented witnesses with
access to any accounts that related to those implicated in the ESMA crimes. For instance, on 15 October 2014,
they interviewed Geronimus Wiedenhoff, a pilot for a Dutch airline who gave his witness statement from the
Netherlands, about a cockpit conversation he had with Julio Poch, who had also been a fighter pilot in
Argentina during the dictatorship years. This account reveals the unexpected manifestations of the violence
from the past and the tensions that inform new spaces of witnessing:
The prosecutor asked [Wiedenhoff] to relate the conversation he had with Julio Poch in an airplane cockpit on April 15, 2005.
The witness stated that the conversation took place in the cockpit, in an Amsterdam–Tenerife flight, which was the first flight he
shared with Poch. They had to return to Amsterdam because there was a problem with the aircraft. The plane was repaired in
Amsterdam and they were able to complete their flight. Wiedenhoff commented that in flights like this one, there is time to talk,
so they talked about Argentina and about Julio Poch’s time as a fighter pilot.
Wiedenhoff asked Julio about the Madres de Plaza de Mayo. Julio looked at him directly and said, in English: ‘They should
have killed them all. They should have buried [them]’. After having stated this in English, he was asked to translate into Dutch,
so that the interpreter could legally offer a translation in Spanish.
Wiedenhoff continued with his statement and said that he was astonished and frightened by Poch’s reaction. . . . They did not
talk about that subject for the rest of the flight. They might have spoken about something else, but that subject was closed. They
landed and then returned to Amsterdam, in a normal flight.

While this account offers testimony about one of the accused perpetrators, Julio Poch, it also tells us more:
about the ways in which violence creates new forms of witnessing in unexpected places, just as the process of
testimony reveals its dialogic and negotiated nature.19
This process becomes more complex, however, for survivors. Even as the official acknowledgement of their
traumas may help society move forward, it can also prompt a renewed form of trauma in some cases. In these
moments, we see how individual and national healing may also be in tension. One witness, María Elena
Monti, testified in June 2015 about the challenges of survival. From her testimony, she described leaving
Buenos Aires after seeing her brother being kidnapped by the state and then returning tortured. Fleeing from
place to place to avoid such detention, she eventually left the city altogether. Yet her family continued to
suffer constant ‘surveillance’ and worse: ‘they received constant threatening telephone calls, telling them that
they would “disappear them all.’” She thus lived in a state of internal exile in various cities, coming to see her
family again only in the late 1980s. She would discover the story of how her mother died through a
newspaper account:
On June 22, 1983, there was an article in the newspaper Clarín with the title: ‘No Irregularities at the Morgue’. The article
offered explanations of 106 cases of death ‘subversives’ killed in ‘shoot-outs’; her mother was one of the cases. María Elena
had been told that her mother died of cardiac arrest; she was seen lying on the street around her house. She would later learn that
heart attack was caused after the kidnapping during a torture session.

In addition to describing her own experience of living in hiding, she also described the impact of not being
able to know about the whereabouts of her family—part of the lived experience of that trauma to which this
testimony also attests.
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Another account from Isabel Teresa Cerutti, on 3 October 2013, also details the ways in which her
understanding of what is happening as a first-person survivor occludes certain possibilities of knowing. Her
partner, Ernesto Berner, was kidnapped, and she testified to her experiences. The proceedings chronicled in
the Argentina Trial Monitor describe Cerutti testifying as follows:
At the time of Ernesto’s kidnapping, Isabel was three months pregnant. That is why she was kept after her son was born. During
that time, she had little contact with her family. They few times they saw each other they met in different places. Once her son
was born, she reestablished contact with her mother-in-law. . . . Isabel went first to ‘El Banco’ (‘The Bank’) and then to ‘El
Olimpo’ (‘The Olimpo’). After Isabel was freed, she learned that her mother-in-law had been kidnapped one week before her
own kidnapping.
At the time of Ernesto’s disappearance, Isabel thought that he had been taken to ‘El Atlético’ since it was known to be a
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 At the time of Ernesto’s disappearance, Isabel thought that he had been taken to ‘El Atlético’ since it was known to be a
clandestine center of detention, torture and extermination. Only after the Impunity Laws were rescinded she learned that he had
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not been to ‘El Atlético’. The Argentinian Forensic Anthropology Team told her that, and her only reaction was to become mute
and pale; she could not ask anything. Some time later, she was able to talk to survivors who told her that they had seen him on
January 11, in the basement, sitting in a chair located close to an ‘operating room’, as if waiting for his turn.

Thus, her perspective as a witness is situated in a particular way, with the past never fully accessible to her
alone; part of the trauma appears in the way she realizes the shifting and evolving nature of her own
knowledge about what happened to her. Yet this also demonstrates how she relies on others to shape her own
sense of the past, signalling another way of framing collective memory.

What is of note in these testimonies is that they are plural and contingent—revealing multiple contours of the
violence and its aftermath as well as the ongoing trauma of uncertainty.20 While this evidence may be used for
prosecuting the perpetrators accused of the crimes at the ESMA, it is also clear that they offer a vision of
testimony as a dialogic and collective process, thereby expanding the boundaries of witnessing as well as its
survival. This, then, has implications for how we understand the reshaping of the collective, so critical to the
question of accounting as well as repair in the wake of state violence.
This additional reparative role of juridical spaces may be especially important since no single process can
fully resolve the loss at the heart of this violence. This is not to diminish the significant advances, which must
be acknowledged: in addition to the trials and the significant public memory projects underway, other
advances include the recovery of more than 100 grandchildren abducted during the time of the dictatorship.
But this is a process of recovery that must continue, as a full resolution is never possible. Further, the juridical
processes that have developed are not perfect; there are trial delays and other challenges, some more notable,
like the disappearance of Julio Lopez, a torture victim and witness, his vanishing still unresolved (Human
Rights Watch 2016).21
Given the fractured nature of survival, we can see an added significance to understanding how memory
continues to operate in these juridical spaces and how trials afford new opportunities for collective accounting
and a dialogic process of recovery. This further reinforces the need for a local framework for understanding
justice (following Hinton 2010) and peace (following Leonardsson and Rudd 2015) and, further, suggests the
valuable contribution of anthropology and ethnography to understanding the lived experiences of these
processes. While testimony serves a pivotal role in transitional justice and truth commissions, it also offers
insights into the value of juridical spaces in the aftermath of state violence: sustaining the possibility of repair
critical to citizenship, even many years after the violence.22

CONCLUSION: REFLECTING ON THE TEMPORALITIES OF SURVIVAL

Since the ESMA megatrial began in 2012, hundreds of witnesses have offered their testimonies,
demonstrating the radical plurality of the experience of repression at the ESMA. In November 2017, after five
years, the trial came to a close, with more than 40 convictions, reinforcing the systematic pattern of crimes
against humanity that hundreds of victims suffered during Argentina’s dictatorship. In addition, by looking at
sites of retributive justice as also restorative, we can see the ongoing value of testimony as a dialogic process
for the victims and survivors and as part of a complex work of social repair essential to sustaining civil
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society in contemporary Argentina.

This also suggests the complex and uneven evolution of democracy in the wake of state violence. Even 40
years after the dictatorship, fissures remain, with certain tensions emerging between memory and justice. The
human rights landscape has shifted in Argentina with the presidency of Mauricio Macri, elected in 2015. In
May 2017, for instance, a ruling (known locally as the ‘2x1’ ruling because of the reduction in sentencing) by
the Supreme Court of Argentina seemed to open the door for lessening sentences of perpetrators and, from a
symbolic perspective, treating crimes against humanity as ordinary crimes.23 Many feared that the significant

reforms of the :early

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 reforms of the early twenty-first century could potentially become eroded as the perpetrators convicted of
crimes may now seek lessened sentences and what this might signal in terms of a possibly shifting landscape
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about the cultural significance of the dictatorship.

In response, significant protests that cut across a range of groups in civil society brought thousands of
citizens to the streets of Buenos Aires, demonstrating the precarious nature of memory and, perhaps, time
itself. This stands in contrast to the flattening of the past embedded in the premises of what Hinton (2013)
describes with ‘transitional justice time’ where ‘violent pasts are delimited and narrowed’ (87). The dynamic
nature of that past as it moves in and out of the scope and visions of contemporary needs suggests a
temporality that resists any simple teleologies.
For the 2017 protests surrounding this 2x1 ruling—the protests that called ‘never again’ to
impunity—involved an active disruption of time, suturing the present to the past; remembering and memory
became profoundly articulated with processes of retributive justice and societal repair and peace. These
embodied disruptions can tell us something about how violence operates through time, challenging temporal
coherence and order both during the period of repression and in the aftermath.
This process of disruption continues to become manifest through the testimonies and proceedings emerging
through the human rights trials, representing the plural nature of memory as an evolving social process that
offers a contingent, dialogic sense of the past. Of course, an important distinction is that these trials offer a
justice that had previously existed as a possibility on the horizon and now represents a tangible form of
accounting. This chapter suggests that these trials have become another site of memory, along with the
monuments, memorials, and national days of remembrance, which Argentines traverse as they move through
time.
Indeed, such forms of accounting also address the struggle for repair at the heart of survival. Through these
ESMA testimonies, we also see fractured temporalities that allow us to consider the possibilities of restoration
and repair within retributive models of justice, to consider the value of juridical spaces as sites where memory
and narrative are produced and a certain rendering of the collective becomes manifest.
Such opportunities for actively engaging with the past become even more significant for a society that
remains in a state of perhaps perpetual transition from political repression and violence, revealing the ongoing
salience of memory for sustaining democracy, recovery, and survival. In understanding peace on the ground
as a lived experience, these insights also suggest the need to study it as a local process, one that needs to be
renewed in and through civil society in a plurality of sites, where repair can be operating through sites of
memory as well as justice.

NOTES
1. For a detailed account of one of these death flights, see Verbitsky (1996). Additionally, for an analysis of the confession from
Adolfo Scilingo (one of the pilots of the death flight) described in Horacio Verbitsky’s account within the context of perpetrators’
narratives, see Payne (2008).
2. We also see such attempts at erasure functioning through other modalities, including language and discourse (see Feitlowitz
1998).
3. During the military dictatorship, tens of thousands of people, including students, priests, psychoanalysts, teachers, and other
citizens, were systematically kidnapped, tortured and killed for being allegedly ‘subversive’ to the national order (CONADEP
[1985] 2003). Much of this torture happened in clandestine detention centers, like the ESMA (the Navy School of the Mechanics),
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located inside the boundaries of Buenos Aires, where an estimated 5,000 people were tortured, disappeared, and repressed. In 2004,
this site of torture and death was transformed into the ex-ESMA—Space of Memory and Human Rights (El Espacio de Memoria y
Derechos Humanos).
4. Daniel Feierstein (2014) makes the argument that the state violence in Argentina should be considered genocide if we take the
definition of genocide defined in critical genocide studies (see, e.g., Hinton, La Pointe, and Irvin-Erickson 2014), which would
include the intent to destroy any group in whole or in part (be that group defined politically or in other social categories).
5. See Crenzel (2009) for a comprehensive analysis of the CONADEP.
6. See Taylor (2006) for an analysis of the representational practices of H.I.J.O.S. See also Taylor (1997) and Navarro (1989) for
analysis of previous protests of the Madres.
7. Although this chapter focuses largely on memory-based social movements, there were also other nongovernmental
organizations, like the Centro de Estudios Legales y Sociales (CELS), which served an important role in advocating for and
documenting human rights abuses.
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 documenting human rights abuses.
8. See ‘Sitios de Memoria’ (n.d.).
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9. For a detailed account of the history of human rights during that time, see Brysk (1994).
10. The Supreme Court of Argentina found the amnesty laws to be unconstitutional in 2005, which opened the door for
prosecutions of those responsible for the repression during the ‘Dirty War’. Importantly, they also found that statutes of limitations
did not apply to these crimes, as they were crimes against humanity. See Supreme Court of Argentina (2010).
11. For an overview of the significance of the ‘right to truth’ to the rule of law in Latin America more broadly, see Inter-American
Commission Human Rights (2014).
12. For more analysis of the ‘local turn’, see Hughes, Öjendal, and Schierenbeck (2015).
13. See also Friedlander (1992).
14. Cathy Caruth has written extensively on the nature of individual trauma. See Caruth (1995, 1996). In addition, the work of
Susan Brison (2002) and Judith Herman (1992) speaks importantly to the importance of testimony in the wake of trauma, and the
work of Dori Laub (1995) has been significant in understanding the struggles for survivors of genocide.
15. For issues relating to articulation and war remembrance, see Ashplant, Dawson, and Roper (2000); see also Robben and
Suárez-Orozco (2000).
16. See Minow (1998).
17. See Caruth (1996).
18. A large number of the testimonies are compiled in the proceedings described in the Argentina Trial Monitor (ATM), a joint
collaboration between Rutgers University’s Center for the Study of Genocide and Human Rights and Argentina’s Universidad
Nacional de Tres de Febrero. The ATM translates proceedings of the ESMA trials to generate an English-language archive of the
testimonies produced during this historic trial.
19. For an analysis of the evolution of testimony as a genre, see Wieviorka’s (2006) work on Holocaust testimony and archives.
20. It is also of interest to note that the ATM proceedings are in the third person—chronicles of the witnesses’ accounts rather than
direct transcripts. This offers another layer of testimony, with implications for theorizing witnessing and archives that will be
pursued in other work.
21. Impunity also plagues Argentina in other cases, such as the still-unresolved AMIA Bombing; see Levine and Zaretsky (2015).
22. For a more in-depth discussion of transitional justice, see Roht-Arriaza and Mariezcurrena (2006).
23. For additional analysis of the social impact of the 2x1 ruling, see Zaretsky (2017).

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Brison, Susan J. 2002. Aftermath: Violence and the Remaking of the Self. Princeton, NJ: Princeton University Press.
Brysk, Alison. 1994. The Politics of Human Rights in Argentina: Protest, Change, and Democratization. Stanford, CA: Stanford
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Caruth, Cathy, ed. 1995. Trauma: Explorations in Memory. Baltimore: Johns Hopkins University Press.
———. 1996. Unclaimed Experience: Trauma, Narrative, and History. Baltimore: Johns Hopkins University Press.
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XXI Editores.
Feierstein, Daniel. 2014. Genocide as Social Practice: Reorganizing Society under the Nazis and Argentina’s Military Juntas.
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Feitlowitz, Marguerite. 1998. A Lexicon of Terror: Argentina and the Legacies of Torture. Oxford: Oxford University Press.
Friedlander, Saul, ed. 1992. Probing the Limits of Representation: Nazism and the Final Solution. Cambridge, MA: Harvard
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Gandsman, Ariel. 2012. ‘Retributive Justice, Public Intimacies and the Micropolitics of the Restitution of Kidnapped Children of
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Herman, Judith Lewis. 1992. Trauma and Recovery. New York: Basic Books.
Hinton, Alexander Laban, ed. 2010. Transitional Justice: Global Mechanisms and Local Realities after Genocide and Mass
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———. 2018. The Justice Façade: Trials of Transition in Cambodia. Oxford: Oxford University Press.
Hinton, Alexander Laban, Thomas La Pointe, and Douglas Irvin-Erickson, eds. 2014. Hidden Genocides: Power, Knowledge,
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Hirsch, Marianne. 2012. The Generation of Postmemory: Writing and Visual Culture after the Holocaust. New York: Columbia
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University Press.
Hughes, Caroline, Joakim Öjendal, and Isabell Schierenbeck. 2015. ‘The Struggle versus the Song—The Local Turn in
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Human Rights Watch. 2016. ‘Argentina’. In Human Rights Watch World Report. New York: Human Rights Watch.
Inter-American Commission Human Rights. 2014. The Right to Truth in the Americas. http://www.oas.org/en/iachr/reports/pdfs
/right-to-truth-en.pdf.
Jelin, Elizabeth. 2003. State Repression and the Labors of Memory. Translated by Judy Rein and Marcial Godoy-Anativia.
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———. 2017. La lucha por el pasado. Cómo construimos la memoria social. Buenos Aires: Siglo XXI Editores.
Jelin, Elizabeth, and Susana Kaufman. 2000. ‘Layers of Memories: Twenty Years after in Argentina’. In The Politics of War
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Laub, Dori. 1995. ‘Truth and Testimony: The Process and the Struggle’. In Trauma: Explorations in Memory, edited by Cathy
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Leonardsson, Hanna, and Gustav Rudd. 2015. ‘The “Local Turn” in Peacebuilding: A Literature Review of Effective and
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Levine, Annette H., and Natasha Zaretsky, eds. 2015. Landscapes of Memory and Impunity: The Aftermath of the AMIA Bombing in
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Minow, Martha. 1998. Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence. Boston: Beacon
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Robben, Antonius C. G. M. 2010. ‘Testimonies, Truths, and Transitions of Justice in Argentina and Chile’. In Transitional Justice:
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Robben, Antonius C. G. M., and Marcelo M. Suárez-Orozco, eds. 2000. Cultures under Siege: Collective Violence and Trauma.
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Roht-Arriaza, Naomi, and Javier Mariezcurrena, eds. 2006. Transitional Justice in the Twenty-First Century: Beyond Truth versus
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/sitiosdememoria. Accessed 21 September 2018.
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Verbitsky, Horacio. 1996. The Flight: Confessions of an Argentine Dirty Warrior. Translated by Esther Allen. New York: New
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/latinamericagoesglobal.org/2016/03/2859.
Zerubavel, Yael. 1995. Recovered Roots: Collective Memory and the Making of Israeli National Tradition. Chicago: University of
Chicago Press.

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 Chapter Seven
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Negotiating Difference and Empathy

Cinematic Representations of Passing and Exchanged Identities in the
Israeli–Palestinian Conflict
Yael Zerubavel

In conflicts involving clashing narratives of victimhood, violence, and dislocation, traumatic memories
reinforce the attachment to the past and the lack of readiness to feel empathy towards the other’s perspective
or to agree to necessary compromises in advancing peace negotiations. The Israeli–Palestinian conflict is a
case in point. Conflicting narratives of trauma and loss that Jews and Palestinians produced are based on their
historical experiences and deeply entrenched in their national memories. For Jews, the memory of a long
history of persecutions by non-Jews, culminating in the Holocaust, accounts for the critical need to return to
their homeland and establish the state of Israel. For the Palestinians, the 1948 Nakba represents the loss of
their homeland and the creation of the refugee problem, and the Israeli occupation of the post-1967 years has
deepened their sense of victimhood (Auron 2013; Zertal 2005; Zerubavel 1995, 2006). These
counternarratives thus lock Palestinians and Jews in a continuing cycle of violence and distrust that prevents
them from moving forward in negotiating peace.
This chapter draws on an approach to peace studies that focuses on the local level of the peace-building
process in contrast to the top-to-bottom approach that assigns peace negotiations to global powers, national
governments and elites (Hughes, Öjendal, and Schierenbeck 2015; Leonardsson and Rudd 2015). Although
the present discussion does not address peace negotiations specifically, it does share the concern of other
chapters in this volume about the relation of traumatic memory, silence and forgetting and the ability to move
towards peace.1 This chapter thus focuses on individuals and everyday practices as important dimensions in
transforming the processes that may reshape the cultural predisposition towards bridge building. My claim is
that the portrayal of identity exchanges between members of opposing national groups in film allows the
characters (and, vicariously, the viewers) to experience everyday life from the perspective of the other and
may thereby contribute to empathy building and fostering human contacts. The close examination of films
that portray the interaction at the local level also suggests the challenges and limitations of identity exchange
as well as its potential failure to enhance empathy with the other.
Various coexistence forums involving Israeli and Palestinian activists, academics, artists, youth groups and
others have pursued dialogues at the subgovernmental, local level for greater understanding and empathy
across the national divide. An experimental textbook, Learning Each Other’s Historical Narrative (2002,
2006), created by teams of Palestinian and Israeli educators, mutually acknowledges the gaps between their
respective historical narratives and allows students to address and explore those differences. A similar
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challenge is presented around other conflict situations that produced oppositional educational narratives
(Bekerman, Zembylas, and McGlenn 2009). The arts are a particularly important venue for depicting human
experiences in conflict situations, exploring the impact of war and trauma and probing into existential and
moral dilemmas that people face in these situations.
Through the theme of identity changes and exchanges, films may open up the possibility of exploring the
perspective and experiences of those positioned across a national and religious divide through the theme of
identity changes and exchanges. This chapter addresses three cinematic representations of a process of
identity exchange between Israeli Jews and Palestinian citizens of Israel or Palestinians from the Occupied
Territories. The theme of identity change was central to Zionist ideology as it advocated for the
transformation
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