Realising victims’ rights to reparation, truth and justice in Guatemala in the midst of a zero-sum game, in reparations, responsibility and victimhood in transitional societies

Malagon Diaz, Lina; Brett, Roddy

Abstract

Multiple obligations exist under international law for States to protect human rights and restore or establish peace and stability in the aftermath of mass violence.1 International standards, jurisprudence and doctrine formally obligate states to investigate, prosecute, sanction and remedy gross human rights violations, serious violations of humanitarian law or international crimes. However, at the same time, international law also recognises the capacity of states to implement amnesties in order to fulfil their duty of bringing an end to political violence with the aim of consolidating sustainable peace. Specifically, with this in mind, international humanitarian law consecrates the capacity of the state ‘to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained’.2 Consequently, the interpretation and implementation of this provision in practice is a complex task. At times, it may appear contradictory to victims’ right to truth, justice and reparation, as states and international actors have to balance the demands of victims and the public interest in ending hostilities with armed actors, reconciliation and reintegration. How do states craft the conditions for sustainable peace that, at once, guarantee the rights of victims, whilst at the same time allowing amnesties for perpetrators of political violence? This is the puzzle that this report explores, with reference to the broader literature on transitional justice and, specifically, the case of post-conflict/post genocide in Guatemala.

• Working Paper Type: Discussion Paper
• Online Publication Date: Apr 1, 2020
• Publication Date: Apr 1, 2020
• Deposit Date: Mar 13, 2024
• Keywords: Guatemala, Non-State Armed Groups, Reconciliation, Transitional Justice, Truth, Recovery, Disappearance/Missing, Genocide
• Public URL: https://uwe-repository.worktribe.com/output/11800275