ABSTRACT
Latin America leads the world in efforts to prosecute perpetrators of gross violations of human rights in domestic courts. Domestic justice offers a number of advantages to international and hybrid tribunals: proceedings take place in close proximity to the site of the atrocities, facilitating victim participation; they are directed by domestic prosecutors and judges, thus contributing to local buy-in; and they can strengthen rule of law and legitimize fragile transitional democracies. The case of Guatemala appears to contradict such arguments, however, given the overturning of the landmark conviction of former dictator José Efraín Ríos Montt on charges of genocide and crimes against humanity and the ongoing impasse of the proceedings. Drawing on the author’s work as an international observer to the genocide trial, interviews with those directly involved in the case, and comparative research on human rights trials in Latin America, this article suggests an alternative reading. By situating the genocide trial in relation to the broader transitional justice process in Guatemala and in the region more broadly, it argues that current setbacks should be viewed as a backlash to initial transitional justice success that is neither unexpected nor fatal to the accountability process. Second, the article argues that the genocide case is illustrative of a victim-centred approach to human rights prosecutions that hold important lessons for transitional justice theory and practice, and examines the way in which victims of sexual violence were incorporated into prosecutorial strategies and helped to prove that a genocide had taken place in Guatemala. Finally, the article argues that despite the undoing of the genocide verdict, the very fact that the trial took place is historically and politically significant, both for survivors and for the construction of collective memory in Guatemala and Latin America as a whole.
