Possible tensions between the procedural system of the Argentine Constitution and the Inter-American Human Rights System regarding the constitutional guarantee of Ne Bis In Idem

Abstract

This article explores the tension between the procedural system inherent in the Argentine National Constitution (CNA) and the Inter–American Human Rights System, particularly regarding the constitutional guarantee of ne bis in idem. It examines how the Inter–American Court of Human Rights (IACHR) has progressively adopted an evolving interpretation of the American Convention on Human Rights (ACHR), expanding its jurisdiction and challenging the principle of res judicata within Argentina’s judicial system. Through an analysis of key rulings, the paper assesses the impact of this interpretation on Argentina’s accusatory procedural system and fundamental principles of public law. Finally, it reflects on the concept of “sovereign reserve sphere” within Argentine constitutional law in relation to international standards, emphasizing the necessity of preserving constitutional supremacy.