On 27th January the Argentine national government announced that it had signed an agreement with Iran to move forward with the investigation of the AMIA case, the 1994 bombing of the Jewish Community Centre, in conjunction with Tehran. Congress voted the Memorandum of Understanding (MoU) into law on 28th February, with 131-113 votes of approval in the Chamber of Deputies and 39-31 in the Senate.
Touted by the government as the only way forward in the current stalemate that the case is in, the MoU has sparked great controversy among politicians and within the Jewish community. Will an agreement with Tehran be a step in the right direction, or should any negotiation with the middle eastern country be out of the question?
Background

The aftermath of the terrorist attack (courtesy of Wikipedia)
On 18th July 1994, a van packed with 275kg of explosives blew up about five metres in front of the Argentina Israelite Mutual Association (AMIA) centre, causing the building to collapse. The blast killed 85 people and injured some 300 others.
The attack has been informally linked to several other bombings. The first happened at the Israeli Embassy in Buenos Aires in 1992, and was the deadliest terrorist attack in the country until the AMIA case. The Islamic Jihad Organisation, which has links to Hezbollah, has claimed responsibility for the 1992 episode. Two other bombings potentially related to the AMIA attack occurred in London shortly after the 1994 episode, one outside the Israeli Embassy and another outside a Jewish cultural centre. Palestinian suspects were arrested for the London attacks.
Investigations into the AMIA bombing have been unsuccessful, to say the least. Although many suspects have been blamed for the attack -including the Iranian government, none have been convicted.
With respect to the series of fumbled investigations following the bombing, Carlos Menem, president from 1989-1999, has been accused of accepting US$10m from Iran to hinder investigations. The allegation was made by a former Iranian spy and triggered a 2002 investigation of Menem’s secret bank accounts in Switzerland that were also scrutinised for arms smuggling links.
Immediately following the 1994 attack, Argentina tried to identify a ‘local connection,’ who conspired with assumedly foreign terrorists. Officers from the Buenos Aires police department were initially arrested for this charge, although all were acquitted in 2004.
According to a 2003 report by the Argentine Intelligence Secretary (SIDE) on an investigation aided by the FBI, the attack was most likely a suicide bombing by Hezbollah member Ibrahim Hussein Berro, although no forensic evidence was supplied to back this claim.
Judge Juan José Galeano, initially in charge of the investigations, was removed from the case in 2003 and impeached two years later after being accused of mishandling proceedings and a video that aired on public TV showed him bribing suspects for information.
In 2005 President Néstor Kirchner called the investigations a “national disgrace” and issued a decree establishing a system for compensation to the victims. One year later an Appeals Court announced that previous rulings on the case had been untruthful and had only served to cover up mistakes of government officials in the aftermath of the attack.
The Argentine government officially accused Iran of backing the attack and Hezbollah of carrying it out in 2006, influenced by US information obtained through Wikileaks and with Israeli approval. It called for the extradition of six Iranian citizens, many of whom are high-ranking governmental officials. The accused immediately rejected the allegations, and Iranian Foreign Minister Mohammad Ali Hosseini responded that the claims were a “Zionist-American conspiracy.”
Iran has never admitted responsibility for the AMIA attack and has emphasised the need for those culpable to be punished; however, it never extradited the requested nationals for questioning

President Fernández meeting with the victims (courtesy of Casa Rosada)
In 2010 and 2011 President Fernández repeatedly urged Iran to cooperate with Argentine justice. She proposed an investigatory procedure that would have allowed for a third country to mediate the proceedings. Iran rejected this suggestion but agreed to an agreement on bilateral terms, which the MoU eventually brought to fruition.
No more real developments were made until last year when President Fernández announced that her government and that of President Mahmoud Ahmadinejad would meet to discuss the case.
Then came the announcement of the MoU with Iran and its passage into law last month.
The Law
The MoU was signed on 27th January in Adis Abeba, Ethiopia by foreign affairs ministers Ali Akbar Salehi of Iran and Héctor Timerman of Argentina and made public that day. The document was printed in Farsi, Spanish, and English, with the English version to serve as the default document in case of interpretative conflicts.
The MoU has nine main points (see below), with three of most concern: the establishment of a Truth Commission, to be comprised of five members– two chosen by each country and one mutually decided; the arrangement for questioning to be held in Tehran, where Argentine officials will be able to interrogate Iranian suspects; and the call for a free exchange of evidence between Iran and Argentina and with the Commission.
After the agreement was signed, Timerman passed it to the Argentine Congress, which met to deliberate the legislation and approved it in an off-term meeting before its regular sessions began.
Timerman asserted that for the first time federal Judge Rodolfo Canicoba Corral and Prosecutor Alberto Nisman will have the opportunity to interrogate the Iranians accused of the attack and that the agreement will advance the case that is currently “paralysed”. He added that without this step, it would be impossible to move forward with gathering testimonies and issuing convictions.
Though apparently still on board with the MoU, which was sent to the Iranian parliament for approval two weeks ago, on 12th February the Iranian government announced that Defence Minister Ahmad Vahidi, who is suspected of involvement in the case, would not be subject to interrogation in the coming proceedings, a new indication of non-cooperation.
The Controversy
Upon the announcement of Timerman’s signature of the MoU with Tehran, fervent outcry erupted from representatives of the Jewish community in Argentina, which is the largest in Latin America.
In general, those who reject the memorandum claim that involving the Iranian government, which itself has been accused of instigating the attack, is unjust and unproductive. They also think that involving a Truth Commission to evaluate the evidence that Argentina has already confirmed compromises its sovereignty, although the Commission’s suggestions to Argentina about the case will be non-binding.
Leaders of the Delegation of Israelite Associations (DAIA) and the AMIA immediately rejected the agreement and claimed that it even “paved the way for a third attack” on Argentina because the country had subjected itself to foreign, and specifically Iranian, input.
DAIA head Julio Schlosser explained that Iran should not be trusted for negotiations, as it denies the Holocaust, is condemned (especially by the US and Israel) for its apparent nuclear arms development programme, and primarily, as the accused are Iranian nationals.

Tribute to the victims of the AMIA (courtesy of Casa Rosada)
Before Congress ratified the MoU, AMIA President Guillermo Borger publicly warned that moving forward with the agreement “is to associate ourselves with the Iranian theocracy, subjugate our judicial system, and to forget the 85 deaths.” He declared that the law would be a step forward, “but a step toward a precipice.”
In response to the sovereignty questions, President Fernandez explained, “Argentine justice will not be obstructed and much less will (the MoU) reduce our sovereignty,” and that Argentine justice officials will carry out the investigations in Tehran under international observation and representatives, “whose objective is to ensure the due legal process” is fulfilled. She furthered, “there is no renunciation of sovereignty when a judge is transferred to another territory.” The president later defended Iran’s involvement, saying, “What will we say then, as Argentines, ‘No, we won’t have a dialogue (with Iran) by principle’? It seems to me that dialogue is a fundamental principle for Argentina, in matters of international politics and those of great conviction.”
Israel has also pointedly rejected the MoU, and its foreign affairs ministry publicly stated that it does not understand what the agreement could bring about for Argentine justice.
According to Buenos Aires sociologist Marcelo Ayos, the agreement with Iran was not only irresponsible, but should not be trusted to resolve the case. He explained that, “the (Argentine) government has not differentiated between political decisions and the search for the truth in the past,” and that the MoU could represent a similar move. To him, the poorly planned accord with Iran, “is a new attack against Argentine society,” in itself.
On the other hand, supporters of the MoU believe that cooperation with Tehran is the only logical move forward for the AMIA case. Many of these supporters are families of the bombing victims. Victims’ families and friends in organisations 18-J and Memoria Activa generally accept the MoU and are optimistic about its potential.
Several victims’ family members shared their opinions with newspaper La Nación. 18-J representative Gerardo Beer commented that the MoU represents a “little light at the end of the tunnel for the case,” and explained, “For us, those that have family lost in that terrible attack, the governments of Néstor Kirchner and Cristina (Fernández de) Kirchner were those that did the most for the case that has any relevance. We have to give them a vote of confidence…”
Adriana Reisfeld, President of Memoria Activa, said she supported the MoU although she does not “have confidence in anything after 19 years” without finding those culpable of the attack. She added, “What is important is that we don’t wait 200 years for Iran to finally sit down (to proceed with the MoU requirements).”
Repercussions
President Fernández said in respect to the MoU that Argentina “would never let the tragedy (the AMIA attack) become a chess piece in the game of wider geopolitical interests.” However, despite the federal government’s assertion that the MoU’s sole purpose is to further the investigative processes into the AMIA case, the Iran-Argentina pact could have international ramifications visible if, in nothing else, Argentina’s foreign policy.

President Fernández pays tribute to the AMIA victims (courtesy of Casa Rosada)
Contextualised within a political climate in which countries like the US and Israel have frozen relations with Iran and are pressuring it to stop its nuclear arms programme, according to some analysts, Argentina’s MoU with Iran represents a shift in foreign policy. For these critics, Argentina is drifting away from Western-leaning tendencies to informal alignment not only with Iran, but also with sympathisers like Venezuela, Brazil, and Ecuador.
Andrés Malamud, researcher at the Institute of Social Sciences at the University of Lisbon, asserted to the Institute of Social Welfare (IPS) that the MoU move was not neutral. “On the contrary, in the eyes of the West, the memorandum constitutes an implicit alliance with Iran.” He explained that the foreign policy of the current Argentine president and her predecessor were essentially on par with that of the US, but now Argentine international relations would be considered non-Western.
However, Argentine legislators like Senator Daniel Filmus insist that the MoU does not, in fact, represent a dramatic policy shift, nor any sort of greater alliance with the country that “negates the Holocaust, fails to recognise Israel’s right to exist, and that persecutes minorities,” but it will simply catalyse the AMIA case investigations.
According to Ayos, in terms of international consequences, although the issue may not represent a direct policy shift, “(The Argentine government) is passing through one of the most vulnerable chapters of recent times,” and runs high risks in negotiating bilaterally with Iran.
President Fernández also explained in her speech concerning the MoU that Argentina is not the only country currently engaging with Iran. She pointed out that earlier this year the US vice-president announced to the UN Security Council that the country was itself preparing for a bilateral meeting with Iran concerning other issues.
Depending on how the Argentina-Iran MoU is handled, its main clauses could be referenced in future cases of international terrorist attacks. If the establishment of a Truth Commission, the free-flow of information between the countries, and the interrogations prove successful, and assuming that the resulting recommendations are adopted, the precedent could become a benchmark for similar issues. However, keeping in mind almost two decades of general case mishandlings, and that Iran continues to deny all connections to the AMIA attacks and has failed to cooperate with Argentine justice in the past, only time will tell.
Click here to find out what Argentines think about the agreement.