Peace without social reconciliation? Understanding the trial of Generals Ríos Montt and Rodriguez Sánchez in the wake of Guatemala’s genocide

ABSTRACT

This article argues that the legal trial against Generals Efraín Ríos Montt and José Mauricio Rodriguez Sánchez for genocide and crimes against humanity has evidenced the interplay between the complex factors shaping post-conflict reconstruction and social reconciliation in post-genocide Guatemala, and, ultimately, the disjunctive impact of the country’s peace process. The ‘genocide trial’ then is more than a legal process in that it represents a thermometer for Guatemala’s peace process and, ultimately, for testing the nature and stability of the post-genocide/post-conflict conjuncture. Interiorization of human rights frameworks and justice mechanisms by indigenous and human rights activists, including of the Genocide Convention, has consolidated a partial rights culture. However, the trial and the overturning of its verdict have simultaneously evidenced the instability, fragility and disjunctive nature of post-conflict peace and the continuing impact of the profound legacy of the genocide and of social authoritarianism. The article argues that while the trial has wielded broad impact within both state institutions and society, consolidating indigenous political actors, it has simultaneously fortified spoilers and evidenced indigenous collective memory as a fragmented and contested sphere.     

The Ríos Montt case and universal jurisdiction

ABSTRACT

This article analyses the inter-relationship of developments in international justice and the prosecution of Efraín Ríos Montt for the crime of genocide in Guatemala. International justice processes, particularly concerning the application of ‘universal jurisdiction’, contributed to the advancement of the case against Ríos Montt, in Spain and Guatemala. In turn, the prosecution of Ríos Montt influenced the interpretation and application of universal jurisdiction, with ramifications beyond the Guatemalan case itself. The article traces the prosecution for genocide of Efraín Ríos Montt in the Spanish National Court, and situates this particular case within broader currents and networks associated with prosecuting grave violations of human rights. The prosecution of Ríos Montt demonstrates that, rather than a simple case of global norms trickling ‘down’ to the (lower) local level, mutually constituted activities of the global and the local continually shape each other. The interconnections of national and transnational processes were key to the prosecution of genocide in Guatemala.     

Surviving in the margins of a genocide case in the making: recognizing the economy of testimony at stake in research on political violence

ABSTRACT

In this article, we aim to draw attention to the hopes, frustrations and disillusions that so-called ‘transitional justice’ projects produce in drastically poor, war-torn, historically marginalized but politicized Indigenous communities. Drawing on extensive ethnographic research we conducted separately between 1982 and 2010 in Guatemala and Mexico, we describe the ways in which the world came to know about Finca San Francisco’s massacre, committed by the Guatemalan army on 17 July 1982, as part of its scorched earth policy. We then look at the various forms of reparations its survivors have been the subject of. In so doing, we focus more specifically on how the Center for Human Rights Legal Action (CALDH), the non-governmental human rights organization that was behind the Ríos Montt genocide case, mobilized Finca San Francisco’s massacre survivors to become participants in the trial. After examining how the survivors of Finca San Francisco responded to CALDH’s mobilization efforts, we reflect on the kind of ‘gift’ these survivors expected in return for their stories of annihilation and destruction. Our goal is to bring to light the ‘economy of testimony’ that human rights activists, journalists or social scientists become entangled in once they ask genocide survivors to testify about the brutal deaths of their loved ones.     

‘The realities of power’: David Stoll and the story of the 1982 Guatemalan genocide

ABSTRACT

In a short opinion piece published in late 2013, anthropologist David Stoll claimed that genocide did not occur in Guatemala under the military dictatorship of José Efraín Ríos Montt (1982–83), that the charges against the former general and his subsequent conviction were unsubstantiated, and that human rights conditions for the country’s Indigenous peoples, including the Ixil population of northern Quiché department, actually improved under his government. By looking at the definition of protected groups under the United Nations Genocide Convention, and such basic notions as perpetrator motives and intent in international humanitarian law, this article will address Stoll’s latest contribution to a ‘counter-narrative by Guatemalans who perceive that their side of the story [was] left out’ of the 2013 genocide trial.     

The modernizing bias of human rights: stories of mass killings and genocide in Central America

This article analyses selected cases of mass killings and genocide during the civil wars in El Salvador and Guatemala in the 1980s and the way in which the truth commissions in both countries reframed locally grounded narratives to fit the state-centred language of human rights. Redefining wrongdoings as human rights violations produces stories that communicate poorly with local worldviews because the 'truths' that human rights language proposes disregard local realities and transform local conflicts into a type of 'modern', nationwide struggles. Thus, while the concept of genocide might capture well the horrendous nature of a mass killing, it will also ethnify the conflict. Comparisons between local readings and human rights-based reinterpretations reveal a 'modernizing' or 'Westernizing' bias of international law; the article argues for more awareness about such effects in analysis as well as in policy-making.     

‘Our ongoing fight for justice’: the pasts and futures of genocidio and justicia in Guatemala

ABSTRACT

After the abrogation of the guilty verdict against Efrain Ríos Montt, young people from the group Sons and Daughters of the Disappeared (H.I.J.O.S.) issued the following statement: ‘More than a failure, this can breathe life into our ongoing fight for justice’. While this affirmation seems at first eccentric, or incidental, this article demonstrates how H.I.J.O.S.’s claim situates the Ríos Montt verdict within a longer history of justice and genocide in Guatemala. First, I trace the history of the meaning of justice and genocide among urban ladino university students from the 1940s to the 1990s. Next, I discuss youth politics and culture in the postwar period and locate H.I.J.O.S. within this context. Finally, I demonstrate how H.I.J.O.S.’s ongoing fight compels us to rethink the meanings of justice. Against apparently objective sums of the dead and disappeared that might be calculated and have their debts settled, a call emerges for ‘justice-ongoing’ after the annulment of the Ríos Montt verdict, one that insists upon incalculability and the imperative to remember and to remain provoked. For H.I.J.O.S.’s justice-ongoing, the past is not merely passed.     

Carrying a heavy load: Mayan women’s understandings of reparation in the aftermath of genocide

ABSTRACT

Drawing on extensive testimony from Ixil women survivors of sexual violence, the 10 May 2013 verdict in the genocide trial of former de facto Guatemalan head of state and army general Efraín Ríos Montt highlighted the perpetration of sexual violence as an integral component in the attempt to destroy the Maya Ixil as an ethnic group and thus evidence of genocide. Acknowledging that sexual violence was a weapon of genocide in Guatemala contributes to a critical analysis of how the racialized violence targeted against the country’s indigenous peoples was gendered, and enables the women and men who are survivors of these crimes to seek redress. However, narrating sexual harm within justice-seeking processes is not without complication, and trials alone cannot respond to survivors’ demands for justice and social repair. This article examines how fifty-four Maya Q’eqchi’, Kaqchikel, Mam and Chuj women who are survivors of sexual violence make meaning of the everyday struggles to rethread their lives in the aftermath of genocide. The article uses data from a four-year participatory action research (PAR) project conducted by the authors with this group of Mayan women, including a series of workshops that used creative techniques—drawing, collage, dramatization and body sculptures—to elicit more complex and contestational stories than those emergent from a more linear narrative approach to understanding harm suffered and efforts for redress. Analysis of these data confirms that these Mayan women survivors have woven their understanding of reparation from three main threads: their experiences of loss and harm; their recognition of the Guatemalan state’s duplicity; and their protagonism in justice-seeking processes. The article concludes by arguing that women survivors' desire for repair requires attention to the deep-seated impoverishment that they highlight as the heavy load of gendered violence they carry with them.     

International accompaniment,reflexivity and the intelligibility of power in post-conflict Guatemala

ABSTRACT

‘International accompaniers’ use their physical presence as a form of peaceful intervention to deter political violence against local human rights defenders. Threatened members of Guatemala’s civil society have relied on accompaniment as part of their security strategy since the early 1980s. Approximately one thousand volunteers from a dozen countries have accompanied in Guatemala. International accompaniment has been a key component of the effort to prosecute former military general and president Efraín Ríos Montt and other perpetrators of mass human rights violations in Guatemala. Victim witnesses and their legal counsel have included accompaniment as part of their protection strategy since 2000. Important questions have nonetheless been raised with respect to accompaniment’s effectiveness as a tool for witness protection and the possibility that it reinforces power inequalities. This article builds on Gada Mahrouse’s critique of accompaniment and draws on Michel Foucault’s understanding of reflexivity and power. The authors use insights from two case studies to support the argument that accompaniment’s usefulness as a tool for witness protection depends on its ability to accommodate the witnesses’ position within webs of interconnected power dynamics and the multiple ways in which they conceive of security. It also depends on how intelligible these different power dynamics are to accompaniers. This argument is used to highlight how accompaniment in Guatemala is relevant for other situations where the prosecution of human rights atrocities is long term and depends on witness testimony.     

Waging peace: a new generation of Ixiles confronts the debts of war in Guatemala

ABSTRACT

This article describes the impunity embedded in the Guatemalan peace process after the genocide that shapes how Ixiles approach the debts (incurred by complicity, death and kinship) of war, as illustrated by their response to the 2013 trial of Efraín Ríos Montt. The trial preceded a precipitous 2015 political crisis over corruption within the government of Otto Pérez Molina, a former army general and intelligence chief for Ríos Montt. The question that haunts the trial and these more recent marches for justice, in a country where citizens have long been subject to a life of democratic dictatorship, is how men like Pérez Molina and Ríos Montt maintain and grow their power even while their names are synonymous with murder, torture and clandestine graves. By examining the assumptions made by those in authority as they determine forgiveness, punishment, amnesty and reparations, I show how wartime debts act through generations. In the mixed reaction, popularly called pensamientos divididos, ‘divided thoughts’ or aq’olaj iyol yansa’m, of young Ixiles to the Ríos Montt trial, I illustrate a disjuncture that occurs when radically different forms of care intersect in the area most impacted by the genocide. Through fifteen years of ethnographic engagement, I trace the story of one Ixil family and their reactions to the trial to show how humanitarian efforts to confront war crimes are not simply restorative. While the trial opens the possibility for a collective remembering of violence and the (re)ordering of social ethos, in the Ixil area it also produces a moral economy of violence.     

Politics by other means? The virtual trials of the Khmer Rouge tribunal

This article argues that more emphasis should be placed on the political aspects of international tribunals, which are often in the business of reshaping politics as well as simply administering justice. By examining the hybrid Extraordinary Chambers in the Courts of Cambodia (ECCC), popularly known as the Khmer Rouge Tribunal, the article develops arguments previously advanced by Victor Peskin in respect of Rwanda and the former Yuogoslavia. Peskin has suggested that courtroom war crimes trials are paralleled by ‘virtual trials’, in which international and domestic political actors struggle for power and control over the form and outcome of proceedings. He terms these virtual trials ‘trials of cooperation’, in which governments of states where war crimes have been committed seek variously to help or hinder legal proceedings to address those crimes. Such virtual trials now loom extremely large in the Cambodian case; the Hun Sen government, while exploiting the ECCC to deflect domestic and international attention from the endemic corruption and growing authoritarianism over which it presides, has sought tightly to limit the Tribunal's room for manoeuvre. One trial has been completed, another is about to start, and the international investigators and prosecutors are planning a couple more—but Prime Minister Hun Sen has personally declared his opposition to any further cases going ahead. If the ECCC succeeds in trying only five defendants from the murderous 1975–79 Khmer Rouge regime, justice will not have been done; and wider questions will emerge about the future viability of hybrid tribunals. The Cambodian case demonstrates that where war crimes tribunals are concerned, backroom ‘virtual trials’ need as much academic, policy and media attention as the actual courtroom trials of key defendants.     

Genocide documentary as intervention

Gifted filmmakers such as Joshua Oppenheimer, director of The act of killing, are attempting to use the power of documentary to provoke social and political change in post-conflict settings. What roles do interventionist filmmakers play in processes of national reconciliation and transitional justice? Can The act of killing really be a catalyst for change in Indonesia? This article contends that the genocide documentary is a form of antagonistic intervention that warrants systematic and critical re-evaluation. It holds that claims regarding the remedial impact of documentaries such as The act of killing are difficult to substantiate, the main problem being attribution, cause and effect. Intervention in the mind of the director seems to follow the logic of a synchronous circuit, where trauma based on revealed truth leads to transitional justice. Each component in the circuit has a corresponding political argument. This article will examine three interrelated arguments linking genocide documentary and political intervention: (1) re-traumatization, (2) power-laden truths and (3) the narrowing of impunity gaps. This article contributes to debates about genocide and intervention by presenting evidence from Indonesia, including rare interviews with the protagonists in Oppenheimer's award-winning film, surveys of Indonesian audiences and data gathered from a global online petition as well as Chinese microblogs in order to better understand how audiences respond to genocide documentaries and why it is so difficult to generate political action outside the theatre.     

Spatial imaginaries and collective identity in women’s human rights struggles in Honduras

In recent years, geographic analysis on social movements has emphasised the influence of actors’ concepts, lived experiences and perceptions of space on the emergence of collective action. Cultural approaches to social movements in Latin America as well as feminist scholarship have revealed that women’s collective action is shaped by their perceptions of institutional and societal challenges, which are rooted in authoritarian and patriarchal culture prevalent in their society. This article combines geographic and cultural approaches to social movements as well as transnational feminist theories to explore women’s human rights mobilisation in Honduras after the coup d’état in 2009. It investigates how a group of urban and rural activists that included feminists, rural women, students and community leaders, adopted human rights discourses and practices to respond to the coup. The article draws on interviews and focus group discussions to suggest firstly, that protests in response to the coup shaped the interviewees’ spatial imaginaries and particularly considers how urban feminists’ spatial imaginaries were merged with those of rural women under the collective framework of human rights. Secondly, the study demonstrates that a collective identity as women human rights defenders was crucial for the emergence of collective action and also prompted the establishment of a national network. This case study contributes to research on women’s collective action to negotiate women’s rights, human rights and social justice in changing political processes.     

Donor‐Driven Justice and its Discontents: The Case of Rwanda

Never before was a process of doing justice driven so strongly from the outside as in post‐genocide Rwanda. Not only did the 1994 genocide lead to the founding of the International Tribunal, but it also induced intensive donor involvement in domestic attempts to ‘break the cycle of hatred’— from the work done by the national courts and the Unity Commission to the gacaca. In this sense, Rwanda became the forerunner of a much wider trend, towards a judicialization of international relations, for instance through an emphasis on international criminal law. However, the past decade of donor involvement in Rwanda in general, and the case of the gacaca in particular, show us how this specific — technocratic, de‐contextualized — emphasis on justice might seem innocuous at first glance, but carries dangers within it, particularly if it takes place in an increasingly autocratic and oppressive political environment like that of contemporary Rwanda.     

Does global egalitarianism provide an impractical and unattractive ideal of justice?

In his important new book National responsibility and global justice, David Miller presents a systematic challenge to existing theories of global justice. In particular, he argues that cosmopolitan egalitarianism must be rejected. Such views, Miller maintains, would place unacceptable burdens on the most productive political communities, undermine national self‐determination, and disincentivize political communities from taking responsibility for their fate. They are also impracticable and quite unrealistic, at least under present conditions. Miller offers an alternative account that conceives global justice in terms of a minimum set of basic rights that belong to human beings everywhere. Primary responsibility for securing such rights for an individual lies with his or her state, but in so far as these rights go unprotected, responsibilities for fulfilling them may fall on outsiders. While less ambitious that cosmopolitan egalitarian justice, Miller argues that his own view would nevertheless enable us to articulate what is most morally objectionable about our current world. In this article it is argued that none of Miller's critiques of cosmopolitan egalitarianism is effective, and that while certainly preferable to the status quo, a world governed by Miller's principles is not an attractive ideal.     

The Future of International Criminal Evidence in New Wars? The Evolution of the Commission for International Justice and Accountability (CIJA)

This article explores the intellectual formation of the Commission for International Justice and Accountability (CIJA). It illuminates how the development of the CIJA was an attempt by state and non-state actors to affect the course of international criminal justice in Syria and Iraq. First, this article argues that the CIJA was the result of four factors: the UK Foreign Office’s desire to support human rights activists in Syria; lessons learned from previous international criminal tribunals; attempts by non-state legal practitioners to invent new ways to overcome the gaps and limitations of the international criminal justice system; and the willingness of Syrian civil society to risk their lives and use the law to hold those responsible for mass atrocities to account. Second, the article argues that as non-state actors with a focus on evidence management, the CIJA may represent an innovative approach to investigating mass atrocities, particularly for activists and civil society actors who wish to play a role in evidence management in new wars. Lastly, it shows how the CIJA may work in parallel with international mechanisms, such as the International Criminal Court (ICC) and other inter-state actors, to collect evidence of war crimes, crimes against humanity, and genocide in new wars, particularly when the ICC is unable to do so. This study combines qualitative research with empirical analysis and draws on a range of primary and secondary sources, including a number of interviews conducted with CIJA personnel, former ICC practitioners, and other practitioners in international criminal law.     

Humanitarianism,genocide and liberalism

The international response to genocide and human rights violations has received increasing attention by scholars in the humanities and social sciences. This article explores the history of the response to mass atrocity by assessing recent work on humanitarianism as an idea and in practice in the West. It argues that the impulse to defend the rights of others historically has been tied up with geopolitical and imperial concerns that shaped European politics. The current embrace of the responsibility to protect, or ‘R2P’, and debates over whether or not to recognize and prosecute perpetrators of past atrocities from the Armenian genocide to Rwanda remain embedded in this longer history of humanitarianism and geopolitics. As recent work on humanitarian intervention, the anti-slavery movement and humanitarianism and foreign policy demonstrates, the pressing need to understand the response to atrocity has called scholars to more fully participate in the contemporary conversation over human rights by exploring its roots in humanitarian practices of the recent and not so recent past. Understanding the history of humanitarianism as it connects both with the history of human rights and liberal ideals offers an important way of reassessing the role of the nation-state and international institutions in responding to human rights crisis. The article concludes by suggesting that scholars move away from the question of the origin of human rights as an idea to focus on historicizing the response to humanitarian crisis in order to problematize the story of the rise of western-led human rights regimes.     

“You Cannot Measure a Tzuultaq'a”: Cultural Politics at the Limits of Liberal Legibility

Abstract: In the past two decades, many Latin American nations emerged from twin crises of debt and dictatorship towards an uncertain marriage of fragile democracies and neoliberal policies. The focus of this article is on recognition for a limited set of rights for indigenous peoples known as neoliberal multiculturalism. Through a case study of a sacred place declaration by Q’eqchi’ Maya activists in rural Guatemala, I show the limits of liberal legibility. If an organized group in struggle engaged with the neoliberal state on its terms, their goals and actions would necessarily be circumscribed to its limited scope for recognition. In this case, however, multicultural neoliberalism did not encompass the full spectrum of Q’eqchi’ political activism. I argue that Q’eqchi’ cultural politics goes beyond neoliberal limits, using spirituality and territoriality to signal a broader politics of transfiguration.     

Memory and the everyday landscape of violence in post-genocide Cambodia

This paper addresses the politics of memory in post-genocide Cambodia. Since 1979 genocide has been selectively memorialized in the country, with two sites receiving official commemoration: the Tuol Sleng Museum of Genocide Crimes and the killing fields at Choeung Ek. However, the Cambodian genocide was not limited to these two sites. Through a case study of two unmarked sites—the Sre Lieu mass grave at Koh Sla Dam and the Kampong Chhnang Airfield—we highlight the salience, and significance, of taking seriously those sites of violence that have not received official commemoration. We argue that the history of Cambodia's genocide, as well as attempts to promote transitional justice, must remain cognizant of how memories and memorials become political resources. In particular, we contend that a focus on the unremarked sites of past violence provides critical insight into our contemporary understandings of the politics of remembering and of forgetting.     

Negotiating Human Rights in Icíar Bollaín’s También la lluvia

This essay examines the interpretations of 16th-century and present-day human rights found within Icíar Bollaín’s 2010 film También la lluvia. I argue, firstly, that central to the film is the question as to whether human rights can foster justice and contest the cruelty of (neo)colonialism or if, conversely, they are designed and/or doomed to reinforce colonizing relationships and, secondly, that an interpretation of the film’s ambiguous response might contribute to recent criticism regarding the imperializing tendencies and emancipatory potential of human rights culture. By exploring the film’s self-reflexive and critical considerations of the violence human rights have caused as well as its treatment of spaces in which these rights bring about adaptations, inversions, and transformations of colonizing relationships, I propose that the film can be understood to reimagine human rights culture. In order to interpret the film’s representation of human rights, my article identifies and analyzes the processes of negotiation by which the relationship between rights and colonialism is revealed to be an unstable and malleable one, continually subject to change and in need of criticism that takes its adaptive character into account.