The press reported that the Minister of Defense, Luis Petri, would modify the 1988 Defense Law to enable the Armed Forces to combat terrorism.
It is explained that the change would be generated by a possible attack similar to that of Hamas in Israel last October.
Several countries use their Armed Forces in the fight against terrorism.
Both the United States and Russia have carried out military operations against terrorist groups outside their territory (Russia in Syria, France in Africa, Great Britain in Afghanistan).
As an example, in response to the September 2001 attacks, the Bush Jr. government created in 2002 the Ministry of Homeland Security, responsible for public security, or a Ministry of Security in Argentina's terms.
This ministry includes regulations for becoming a citizen, actions against natural disasters, cybersecurity, among other activities.
Of its 16 agencies, its Armed Forces do not participate.
The strategy available has to be associated with a specific context and the nature of the terrorist threat that our country has, which is far from being similar to what is happening in the Middle East.
The Argentine Internal Security Law, Law No. 24,059, sanctioned by Congress in 1991, provides in its second article that “internal security is defined
as the de facto situation based on law in which freedom, life and property of the inhabitants, their rights and guarantees and the full validity of the institutions of the representative, republican and federal system established by the National Constitution.”
Article 7 clearly states that the armed forces do not belong to the internal security system.
Articles 27 to 32 specify the use of armed forces in exceptional situations of internal unrest.
Their tasks are to support the security forces.
It is not necessary to change the law to define future operations.
It is true that terrorism has become sophisticated.
Terrorism has adopted new techniques threatening national security.
However, identifying, detecting and preventing terrorist attacks is not the task of the Armed Forces.
What would the Argentine Armed Forces have done in response to the attack against the AMIA?
The long preparation of a military officer can enable him to carry out counterterrorism operations, which are complemented by approaches that combine diplomatic and intelligence measures, always under the protection of national and international laws.
It is known that the use of the Armed Forces in internal affairs of the State generates problems of legality, abuses of human rights and effectiveness in their tasks.
In addition, it opens a window of opportunity to continue expanding its role towards other fields of internal security, such as the fight against drug trafficking.
A decision of this dimension does not exclusively concern the military, the police, or the President.
Can a decree eliminate a law voted unanimously in Congress?
The question remains as to who are Minister Petri's advisors who suggest such a misguided proposal, which does not generate benefits for the country, for society, or for the Armed Forces.
Rut Diamint is Principal Researcher at CONICET, professor at the Torcuato Di Tella University and member of the Network of Political Scientists.