César Alberto Mendoza et al. v. Argentina: Argentina is Violating International Law by Sentencing Juvenile Offenders to Life Imprisonment

Five Argentines were sentenced to life imprisonment for crimes committed while they were juveniles. After the Argentinian courts denied appeals, on procedural grounds that the juveniles' life sentences were unconstitutional and in violation of international law, the five juveniles petitioned the Inter-American Commission on Human Rights to take notice of their situation. In their petition they allege that Argentina violated the American Convention on Human Rights for imposing life sentences on five juveniles for crimes committed before they reached eighteen years of age. As well as violating the American Convention on Human Rights, the petitioners allege that Argentina violated the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights. After declaring the application admissible, the Inter-American Commission on Human Rights ("Commission") issued its decision on the merits and recommendations to Argentina to remedy the situation. After unsatisfactory compliance with those recommendations, the Commission referred the case to the Inter-American Court of Human Rights ("Court") on 17 June 2011.The Convention on the Rights of the Child is the most widely ratified treaty in the world, representing a significant universal consensus. According to the petition, Argentina is the only nation in the Inter-American System that allows the sentencing of life imprisonment for juveniles between ages 16 and 18, despite the nation being a party to the American Convention on Human Rights, the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights. There have been several international standards promulgated by the United Nations relating specifically to the status of juveniles in the criminal system and detained juveniles. Argentina has traditionally been viewed as a frontrunner in the protection and promotion of human rights in Latin America. The Mendoza case will serve as a contemporary test of the strength of the Inter-American System's ability to bring noncompliant states in line with regional and international norms. Argentina has been repeatedly chastised by the international community for its juvenile penal system but has yet to alter the relevant legislation, in effect since the last military dictatorship.This article seeks to understand the protection of juveniles subject to criminal proceedings as found in international law. This analysis is indicative of what the Inter-American Court of Human Rights will perform in the coming years when the case is argued and resolved. The Inter-American Court's ruling will have an impact on Argentina and the rest of Latin America. If the Court finds violations of international law and norms, Argentina will have to alter its juvenile criminal regime. If the Court finds no violations, other Latin American countries may introduce more regressive punishment regimes geared at juvenile offenders,' especially considering the history and propensity for restrictive criminal regimes in Latin America and the recent need to combat the drug trafficking industry.In Section 2, I discuss background law, including relevant international treaties, soft law instruments, customary international law, and jurisprudence of the Commission and Court. In Section 3, I detail the petitioners' cases and how their cases came before the Court. Section 4 is the analysis. In this section, I detail Argentina's juvenile penal code, determine that it violates international treaties and norms, and ask whether the Court can bring Argentina into compliance. Finally, I conclude this Article, finding Argentina in violation of international law and express optimism that the Court can bring Argentina into compliance with international standards.