“The experience of transitional justice in Guatemala ( 1994 – 2019): A study of mechanisms and means

an introduction:-

Although the concept of transitional justice is relatively recent, it was present from ancient times, and it is a relative concept that differs according to time and place. Transitional justice differs in different countries, and the roots of transitional justice go back to ancient times, so transitional justice has been known since the wars between ancient Greek cities, especially the Poppones war between Athens and Sparta, and then appeared in the Middle Ages, it was present in the Christian religion and was expressed through love and human brotherhood and then Islamic history through the protection of human rights in accordance with what the Islamic Sharia affirmed. ( ^[1] )

However, some believe that the real beginning of transitional justice dates back to after the First World War and then increased interest in it during the period in which the International Military Tribunal was established in Nuremberg, Tokyo, to try war criminals who commit crimes against humanity in the aftermath of the Second World War, where these trials represented the beginning accountable for the violation of human rights and the Court has adopted the principle of criminalizing war. ( ^[2] )

In general, the concept of transitional justice refers to a set of methods that seek to achieve justice and build a state of law in societies that have emerged from conflicts, civil wars and revolutions against which human rights violations and crimes against humanity are practiced, and therefore these crimes must be held accountable to prevent their occurrence in the future.

This is in order for transitional justice to be achieved and past human rights violations to be faced. There must be fair trials for the individuals who caused these violations and who mostly represent the country’s top leaders, including chiefs and ministers of the country in the countries where revolutions and an authoritarian government have taken place and the formation of truth-seeking committees, and reparations through compensation for victims of gross violations of human rights, reform of state institutions and the mechanisms of remembrance through the establishment of a memorial monument and others to remind people of their past and to increase their awareness. ( ^[3] )

Transitional justice aims to restore the human dignity of the victims and achieve a new relationship between the population in order to keep pace with the rule of law and without approval from it for institutions that want to escape punishment, whether these institutions want partial or total impunity. ( ^[4] )

This study will seek to focus on the development of the concept of transitional justice, its sources and importance, and will comprehensively focus on the mechanisms for implementing transitional justice in Chile through its indicators of trials, fact-finding committees, reparations, institutional reforms, and memorial mechanisms to find out if they are Guatemala managed to achieve transitional justice in the period after witnesses, whether or not it was gross violations of human rights under military rule and civil wars.

First: – The research problem: –

Guatemala witnessed massive violations of human rights and severe violence in some rural areas, subjected to massacres and collective crimes, and continued in light of the military coups. It also witnessed many civil wars. Therefore, it was necessary to apply transitional justice to build a state of peace, achieve democracy, and restore stability to the country again through trials, investigation committees. The facts, reparations, institutional reforms, and mechanisms for memorialization. Therefore, the main research question that the study seeks to answer is to what extent has Guatemala succeeded in implementing transitional justice mechanisms?

Hence, a number of sub-questions become:

• 1- What is transitional justice and its importance?
• 2- To what extent did the (accounting) trials succeed in achieving transitional justice?
• 3- How did the fact-finding committees seek to achieve transitional justice?
• 4- To what extent have institutional reforms succeeded in achieving transitional justice?
• 5- Did the memorial mechanisms succeed in achieving transitional justice?
• 6- To what extent did the reparations and compensation victims succeed in achieving transitional justice?

Second: – The importance of the study: –

The importance of the study stems from the fact that it constitutes the existence of a theoretical (scientific) importance, and the existence of an applied (practical) importance:

First: – The scientific importance (theoretical): –

1 – The theoretical importance of the study lies in the fact that the concept of transitional justice is relatively recent in the progress of a study in addition to previous studies due to the lack of studies, especially the case study of Guatemala.

2- That transitional justice leads to a process of democratic transformation by confronting human rights violations in the past to prevent them from occurring in the future, and therefore in providing an integrated vision that leads to achieving transitional justice through trials, reparations, institutional reforms, truth-seeking committees, and mechanisms for remembrance.

Second: – Practical importance (applied): –

This study helps to identify that how Guatemala was able to go through this experience in achieving transitional justice to provide a model that can be used by many countries that will seek to achieve transitional justice. This study will enrich the practical reality with many ideas and visions that can be used To deal with the issue with interest to achieve democracy.

Third: – Time and spatial framework: –

First: The temporal framework:

The study seeks to clarify the mechanisms of transitional justice in the period from 1994 to 2019 and the reason is due to the choice of 1994 as the beginning year because of the existence of a peace agreement between the government and the rebel movements that led to the end of civil wars and this study ends in 2019 due to the witnesses of Guatemala during that period many measures Continuing to achieve transitional justice, also due to witnesses in 2019, the trial of military leaders responsible for gross human rights violations.

Second: – Spatial framework: –

This study specifically examined the state of Guatemala, because Guatemala is a country located in the Latin American continent, whose people have the right to be treated with respect and do not commit any kind of human rights violations against it, because its right to life and its right to freedom from torture and many political, civil and economic rights The social community was affirmed by the various human rights covenants, as emphasized by the Universal Declaration of Human Rights, and Guatemala is one of the first countries to implement transitional justice and that its endeavor to achieve transitional justice will also encourage many countries to take part in this experience.

Fourth: – Presenting the previous literature: –

The presentation of previous literature on this topic can be classified into two main axes, the first axis will address theoretical studies in this topic and the second axis will deal with applied studies in this topic.

A and no: – Studies that focused on the theoretical side: –

Studies that focused on the theoretical side can be classified into several directions and will be divided into two directions. The first direction will address studies that have been based on only one approach, and the second direction will address studies focused on more than one approach.

First: – The first direction: – (only one approach): –

1-Osama Mohamed Abou El Ela Hassan study entitled ” The international role of the judiciary (courts Ganaiahatah-UN) to achieve transitional justice” ? ^[5] )

Where the researcher started from the main research problem represented in the presence of various obstacles that prevent the existence of strict international transitional justice, which is sufficient to prevent impunity, therefore the establishment of an international criminal court is an important step towards supporting peace and respect for the law and the state must adopt legal and legislative reforms that lead to respect for rights The human being, but there is a debate between the concern for the sovereignty of the state on the one hand and attempts to develop international judicial controls over practices that exceed the requirements of international law on the other hand, because the international criminal court may not exercise complementary jurisdiction over international crimes and another problem that impedes the achievement of criminal justice and is linked to the crime of aggression and was The main research question is whether international criminal jurisdiction can play a role in achieving transitional justice and criminal justice, or not? The researcher used the legal institutional approach because it is the first approach that has been used in political science, where he is interested in studying devices and institutions

2- Al-Hussein Al-Aweimer study titled “The Foundations of Reparations for Damage in Transitional Justice: A Reading in the Experience of the Equity and Reconciliation Commission” :-( ^[6] )

The reparation of damages is of great importance and is concerned with international human rights law, and the reparation of damages is the most important alternative to revealing the truth. The study used the analytical method from the definition of transitional justice and the importance of reparation damages. The damages and an important point towards democratization and the consolidation of the rule of law, and the committee gave great importance to redress the damages in the experiences of truth commissions, and the committee was able to financially redress the victims by enabling their relatives from financial and other compensation, and the aspects of benefiting from this study were the importance of the committees in making reparations For human rights violations, the state must compensate the victims in various ways, the importance of the state that adheres to law enforcement in achieving transitional justice.

However, this trend focuses on the foundations of reparations only, without talking about other mechanisms represented in trials and truth commissions that reveal the violations that will be reparated, neglecting institutional reform and mechanisms of remembrance as well.

Second: – The second direction: – (Several curricula): –

1- Iyad Younis Muhammed Al-Skali’s study entitled “Transitional Justice: A Legal Study” :-( ^[7] )

Where this study reviews the modernity of the concept of transitional justice and the extent of its development and its transformation into one of the requirements of this contemporary international law, in addition to the difference in the application of transitional justice in the countries that witnessed previous experiences after periods of conflict and from here his main research question was what are the problems facing peoples from gross violations of rights Man and the uniqueness of dictatorial regimes of power? The researcher relied on the historical approach to establish the beginning of transitional justice, as well as the scientific inductive approach, and also relied on the analytical approach based on the analysis of legal texts. As a term except that its roots are old, this has become the relationship between transitional justice integrated with the concept of human rights, and that the sources of transitional justice exist in international conventions and covenants as it is a relative concept that differs in different

2- Study of Mohamed Adel Mohamed Askar entitled “International standards for transitional justice and the mechanisms for their application” :-( ^[8] )

This study reviews the concept of transitional justice and the extent of the diversity of its definitions and talked about the incompleteness of many experiences of transitional justice in many countries, which requires a detailed study of the factors affecting them and that the idea of ​​transitional justice has not been organized under an international agreement and requires the study of many experiences, but some are incomplete and the researcher used The analytical, descriptive and descriptive approach was one of the most important results that was reached that no society can overcome the past of grave violations of human rights except after dealing with its effects, and transitional justice differs from the national rules that achieve justice, and the United Nations clarified several criteria to achieve justice Transitional is represented in the rule of law and the expansion of the scope of participation and the design of its mechanisms. The best way to achieve transitional justice in the political transformation is judicial and other soft trials are independent national human rights committees, and truth-seeking committees operate according to standardsAs defined by the United Nations, the benefits of this study were the development of the system of justice in effect with regard to freedoms and rights, the careful study of reality and the evaluation of the state that required political change, and transitional justice mechanisms should be dealt with as a holistic strategy, avoiding any ambiguity about transitional justice until It does not detract from the precedence of its application. The amnesty laws should conform to any country.

3- Hawari Kada’s study entitled “Transitional Justice … The Other Face of Justice” ? ^[9] )

This study provides clarification and clarification of the grave violations of human rights that still exist in the international community. Transitional justice is one of the aspects in which justice is achieved even if the place, time and people differ. However, transitional justice took its share from the beginning of the Islamic countries that the Prophet established, so this study is concerned with the positive effects Which arises from the role it plays to protect human rights and the main research question was how how the judicial and quasi-judicial bodies can work to alleviate the post-conflict tensions? The researcher used the descriptive approach to describe the development of the phenomenon. He also used the analytical method and one of the most important results he reached is that the path of transitional justice is going in the right way, and the success of transitional justice is represented in the diversity of formal and unofficial procedures in achieving justice, and open the door for openness It represents the state with huge sums of money that were smuggled abroad, and it has become

However, several criticisms are taken on this direction, namely, focusing on the definition of transitional justice and its development, so it was purely theoretical experiences and it was necessary to define the different methods, but it had an important role in clarifying the foundations of transitional justice in constitutions and agreements.

Second: – Studies that focused on the applied side: –

Within the applied side, studies will be dealt with according to specific criteria, and they will be divided according to countries. The first direction deals with the case study of Morocco, on the basis that it is considered one of the most important countries that applied transitional justice correctly and led to promising results for it. (Guatemala), due to a lack of studies examined.

The first aspect: – Studies that dealt with the case study of Morocco: –

1- A study conducted by researcher Hind Munther Moheb Abu Raya, entitled “Transitional Justice as a Mechanism for Political Reform in Morocco as a Model” ? ^[10] )

Where the researcher started from his research problem of the importance of achieving transitional justice, especially after the Arab revolutions, how Morocco was the first country to implement transitional justice since 2004, the reasons behind the events of the Justice and Equity Commission as a mechanism for achieving transitional justice in Morocco, and how the Maghreb managed to reconcile with the past and close a file Human rights violations at a critical stage, which paved the way for a set of broad reforms. Increase The main research question in this study was why the Moroccan regime resorted to transitional justice to address human rights violations, and how the Moroccan political system managed to eliminate these violations through transitional justice while preserving the continuity of the system ? The researcher used the systems analysis approach to enable the country to achieve long-term social, political and economic goals through studying the inputs and outputs and the process of conversion and reverse feeding as it also depended on the legal approach

2- A study conducted by researcher Abdel Karim Abdel-Lawi entitled “The experience of transitional justice in Morocco” ? ^[11] )

As this study reviewed the image presented by the Moroccan political system, which seemed unclear, because the current political situation gives an impression of movement and transformation, and at another time it gives a sense of rigidity and stability, and that the balance between movement and rigidity is what constitutes the main feature of the Moroccan system and that is the main research question of the writer How is the Moroccan political system trying to settle violations of the past, gross violations of human rights through the transitional justice mechanism? This researcher has used a synthetic analytical approach, so he started with the historical approach to know the construction in the past and used the functional approach to determine the functions of institutions and the statistical approach to know the statistical documents and facts. It has strengthened international human rights, and the state has absent an important component of transitional justice, which is

It is taken on this direction to focus on several approaches in the study of transitional justice, so it was better to focus on only one approach and clarify it in some detail in order to provide a complete vision, but we cannot deny the important results that the study was able to reach.

The second aspect: – A case study of a group of different countries: –

1-Muhannad Ibrahim Fayez Moussa Ghussain study entitled “Transitional Justice: (theoretical study – applied)” ? ^[12] )

This study reviews the efforts of many countries to implement transitional justice in recent years through democratic transformation in many countries in order to confront violations of the inheritance of human rights. The main research question of the study was the extent to which transitional justice mechanisms fit with the nature and characteristics of the transitional context in which they are used. What are the determinants of the effectiveness of transitional justice? The researcher used the historical method in order to analyze social issues by referring to the past and using the institutional legal approach because it focuses on the political institutions that make up political systems. He also used the comparative approach to highlight the similarity and difference between the phenomenon itself during a specific time period and one of the most important results that were reached is Addressing transitional justice policies through attempts to track the concept’s transitions at different stages. He also sought to examine the context in which the concept of transitional justice emerged from its transformation and its implications for different visions of justice.

2- Farida Rattan’s study entitled “Transitional justice mechanisms in the Democratic Republic of the Congo” :-( ^[13] )

This study reviews the conflicts that erupted in the eastern part of the country and in the neighboring countries Rwanda and Uganda, where more than a million refugees entered the Congo during the genocide in Rwanda, then the conflict then spread to the Democratic Republic of the Congo and affected the local population, which led to the emergence of the Tutsi uprising and appeared A rebellion supported by Rwanda and Uganda eventually led to the overthrow of the Congolese government, which led to dispersal in the country with a place called the African World War, between government forces backed by Angola, Namibia and Zimbabwe, and the rebels supported by Uganda and Rwanda, which led to these 6 million dead with internal conflicts This led to the formation of the Truth and Reconciliation Commission to ensure transitional justice in the country. Hence the main research question was what are the restorative mechanisms for transitional justice in the Democratic Republic of the Congo? The researcher used the case study method as he delves into a study

3- A study by Hazem Awad Al-Karim Mohamed entitled “Transitional Justice: Knowing the Truth and its Impact on Achieving Reconciliation: Darfur as a Model” ? ^[14] )

The writer noted that many countries, including Sudan, are not interested in knowing the truth through transitional justice experiences, even if they are concerned, but they did not form truth committees in accordance with international standards. The main research question is why do countries not pay attention to truth commissions in achieving transitional justice? The researcher used the comparative approach as he compared several countries to achieve transitional justice and one of the most important findings of the study was that no experiment can succeed unless violations of the past are reached, the right to know the truth is an inherent legal right and it is also close to the individual, The truth in truth does not mean in the past, but is related to the awareness of the present to shape the future. Knowing the truth about past violations prevents societies from repeating similar events in the future, and the aspects of benefiting from this study

4- Study of Mustafa Boujabout, entitled “The experience of transitional justice in Guatemala”

This study reviewed those violations and civil wars in Guatemala during the period of military coups, especially in the period between 1962-1996. This was the main question revolving around the same content and the main method of the study was the analytical approach and the technique of content analysis through the contents of the final report of the Committee The Guatemalan truth, and one of the most important results that the study was able to reach was the extent of the importance of transitional justice for countries emerging from conflicts and civil wars to achieve social stability, and that conflict and conflict are an unfortunate end for humankind internally, the authoritarian regimes that have lasted 36 years have been eliminated through an agreement Peace, as it re-considered the peoples after they were exposed to brutal massacres, and the extent of responsibility of the state forces and rebel groups has been proven on more than 90% of cases of arbitrary executions and enforced disappearances, and this study can be used in its approach to the fact-finding committee to know the responsible individualsOn the genocide and others, as well as the evolution of the military coups since ancient times.[15] )

This trend was able to provide an important vision that we must take into account, namely the extent of the desire of foreign countries to control the resources of Arab and African countries and achieve their interests and drain their wealth, and he also presented an important vision in the country under study, but he neglected many of the mechanisms for achieving transitional justice and therefore the focus will be in this Study on all mechanisms .

Fifth: – Conceptual framework: –

The conceptual framework is divided into nominal definition and procedural definition.

First: – The nominal definition: – We will seek to provide many of the nominal definitions of transitional justice, as the International Center for Transitional Justice defined them as a set of measures, whether these measures are judicial or non-judicial implemented by many countries with a view to addressing human rights violations and these measures are trials, Truth commissions, institutional reforms, reparations, and memorial mechanisms. [16] As Adel Majed defined them as a set of measures and procedures, whether judicial or non-judicial, they are adhered to during the period that followed the January 25 revolution, with the aim of addressing violations of human rights, whether Through the abuse of power and it aims to punish the victims, redress the damage caused to them, reform the institutions, and achieve national reconciliation to prevent these repetitions in the future and move toward democracy. [17]), As Hind Munther Moheb Abu Raya defined it as a response to the widespread violations against human rights in order to recognize the violations suffered by the victims in order to achieve peace and democracy, that is, it adapts justice to suit the societies where serious human rights violations occurred even if these transformations occurred Suddenly or over a long period of time. ( [18] ), as Radwan Ziadeh defined it, as a group of activities that aim to implement the law and achieve justice, in societies that suffer from conflicts and have inherited grave human rights violations that can amount to crimes against humanity and genocide. Collectively, it aims to hold accountable for crimes committed in the past to prevent their occurrence in the future and build a democratic society. [19]), As defined by Mark Arenhövel as a set of mechanisms that society uses during transitional periods with the aim of achieving justice. Usually these periods arise after revolutions or the end of war and lead to a transition from authoritarian rule to a transitional phase and then to a democratic transformation and the problem facing society is dealing with Cases of violations of human rights, whether physical, economic or political. ( [20] ) The United Nations has also defined transitional justice as all the processes and methods that society executes with a view to overcoming the past with a view to achieving truth and achieving justice. These mechanisms guarantee both judicial and non-judicial methods. but there is a disparity in the level of international participation and trials of individuals, compensation and fact – finding constitutional reform. ( [21] )

Hence, transitional justice can be defined as a set of measures taken by countries in which there have been gross violations of human rights, whether wars, conflicts or revolutions, and others with the aim of achieving stability, peace-building, and achieving democracy. These measures include trials, fact-finding committees, reparations, compensation, and compensation for victims. Institutional, memorial mechanisms.

Second: – Procedural definition :-( [22] )

 The procedural definition of transitional justice lies in a set of indicators that can be used without judging the success of the government in transitional periods. These indicators are: –

• 1- Trials for perpetrators of human rights violations.
• 2- Victims compensation and reparations.
• 3- Institutional reform.
• 4- Fact-finding committees.
• 5- Mechanisms of memorialization.

Sixth: Theoretical framework :-( [23] )

The study will be based on the theoretical framework of the researcher Hind Munther Moheb Abu Rayya:

Recent decades have witnessed grave violations of human rights, including political, economic, social and cultural rights, especially women and children. Therefore, international law is keen to have mechanisms of accountability, whether political, economic and social.

International and regional mechanisms have been established to monitor these violations. In the United Nations, the Committee on Economic, Social and Cultural Rights monitored the obligations of states in accordance with the International Covenant.

Therefore, economic, social and cultural rights are considered part of the human rights framework, and these rights are universal and interrelated, as well as civil and political rights that protect human dignity, which was mentioned in them in international treaties and covenants such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination. Against women.

Hence transitional justice is based on legal, social and development assumptions and means to address human rights violations comprehensively through an economic and development perspective to build a democratic society.

Theoretical dimensions of transitional justice: –

First: – The international legal dimension: –

Transitional justice is essentially a legal concept and belongs to international human rights law, it is a complete way to deal with human rights violations, establish the rule of law and confront corruption. An aspect of the legal basis for transitional justice is the decision issued by the Inter-American Court in the Velasquez Rodrigues v. Hindus case in 1988 The court concluded that each country has four human rights obligations:

• 1- Take serious steps to prevent human rights violations.
• 2- Conducting serious investigations into violations when they occur.
• 3- Impose appropriate penalties for those responsible for the violations.
• 4- Ensure that compensation is provided to victims of violations.

The Court affirmed these principles in its subsequent decisions, and the decisions of the European Court of Human Rights and the established United Nations bodies were emphasized. The establishment of the International Criminal Court was one of the important and relevant developments and required to eliminate the phenomenon of impunity for the perpetrators and respect the rights of victims.

The memorandum of the Secretary-General of the United Nations referred to the Charter of the United Nations, international law of human rights, international humanitarian law, international criminal law and international law for refugees as a basic reference for transitional justice, and that the United Nations is protecting a range of rights such as the right to know the truth and the right and the right to compensation and prevent violence and this What is stipulated in international agreements, as well as international agreements to protect human rights, such as the Universal Declaration of Human Rights and the International Covenants for Civil, Political, Economic and Social Rights. The two covenants differ from the Universal Declaration in that they are legally binding and states abide by them in various reports, as well as the agreement known as the genocide that aims to prevent business That is destroying ethnic, racial or religious groups and calls on states to take legislative, administrative and judicial measures to prohibit torture, the International Convention for the Protection of Individuals from Enforced Disappearance, the Geneva Convention and my protocolGeneva I and II and other conventions for the protection of women and children, such as the Convention on the Elimination of All Forms of Discrimination against Women, which aims at equality between men and women and the Convention on the Rights of the Child adopted by the United Nations.

The importance of concern for human rights increases in time of wars and armed conflicts. Therefore, the Geneva Conventions concerned governments with protecting the war-wounded, and then expanded according to the Hague Agreement and the Geneva Conventions 1906,1929, United Nations resolutions related to the transitional justice resolution on immunity and knowledge of the truth, and the United Nations Resolution on the right of victims to compensation for violations. Deep human rights, the Security Council resolution on transitional justice and the decision on the right to the truth, and the decisions of the Secretary-General available to the transitional justice, as well as investigation initiatives to investigate human rights violations and that trials contribute to achieving justice, whether local or international, and the General Assembly resolution of the United Nations For compensation programs for victims.

The protection of human rights needs institutional reform that depends on the independence of the judiciary, the decision of the law, and the reform of the security services, which guarantees the protection of human rights and also the ratification of the constitution. The most important thing is post-conflict societies to establish peace and reintegrate groups of society.

Therefore, transitional justice aims to address human rights, prevent their recurrence, embrace the universality of human rights, and stop violations by punishing those who violated them. Transitional justice recognizes the principle of the rule of law through accountability and accountability and works to restore dignity to victims and build trust between warring parties.

2- The economic and developmental dimension:

Efforts intersect between those interested in transitional justice and those interested in development. The goal is to ensure a better level of health and education, to enjoy a better standard of living and to ensure freedom and human rights. Therefore, transitional justice and development are involved in preserving human life, but transitional justice is concerned with the past of human rights and development, deals with the future, and to ensure a better future. Depends on addressing the imbalance that exists in the past, most developing countries have violations of human rights, and most countries that are experiencing a transformation have a problem in development. Transitional justice must be part of a comprehensive development approach in societies undergoing transformation.

A successful transition cannot take place without achievement in development by tackling the legacy of authoritarian regimes, and transitional justice programs need institutional resources and capabilities that are lost in societies emerging from tyranny,

Therefore, development programs help to establish transitional justice by providing raw materials to support compensation programs, or by providing the necessary capabilities to establish fact-finding committees or hold trials for perpetrators.

In the past, crimes were limited to political and humanitarian crimes only, and there was no account for economic crimes, which led to the destruction of societies by plundering their wealth and using them to preserve their influence. Between 34 committees to investigate the truth, there were only 3 focused on corruption and economic crimes, most of the trials neglect economic crimes and care Only human rights and political violations.

Compensations have been used to address the economic and social damage caused by repression and conflict, even if they are not considered to be crimes, it is important to consider compensation programs in light of the goal and not the benefits.

Economic dimensions are important in trials. Violations of human rights are not only political, but also economic. Many economic crimes result from violence and dictatorship. Therefore, trials are concerned with informal economic activities such as the seizure of natural resources or money laundering.

The difficulty between transitional justice and development lies in the difficulty of measuring the achievement of justice in this field or measuring its results and the difficulty of integrating the economic side in transitional justice, as truth commissions may not have enough time to investigate economic crimes and compensation programs may not allow adequate compensation to the victims, often the material cost between Justice and development without justice.

Third: – The social dimension: – Refers to the roles, relationships, personal roles, attitudes and behaviors that society provides to men and women. The social gender refers to the acquired differences, while the term gender refers to the biological differences between men and women in any work such as legislation and policies in all fields.

The resolution on women is one of the decisions that calls for the priority of gender issues in the transitional period, it is important to refer to the gender entrance when serious violations of human rights occur, there is international monitoring of gender justice through the United Nations committee, there are 185 countries that sign all the conventions Discrimination against women and the committee reviews the reports submitted to it and discusses with officials Ron can make recommendations on any issue that may affect women.

The Committee made a recommendation that states provide statistical data on incidents of violence against women and information about ensuring services provided to victims and the measures that states take to protect women from violence in their daily entity, such as sexual harassment and sexual violence, and since 2005 the Committee has issued 25 general recommendations and therefore it is necessary to observe the mechanisms of transitional justice The social dimension, especially the rights of women, should include gender justice within the violations of human rights within the scope of their competence. Work must be taken to restore the human dignity of the victims and give special attention to sexual justice and give attention to supporting victims of sexual violence when giving testimony.

In order to ensure that all victims enter compensation programs, gender issues must be studied during the planning and implementation stages of programs, and sexual violence crimes must be included in the list of programs that merit compensation.

In addition to clearly introducing medical and psychological services into these programs, it is possible in the trials to set up work units to monitor gender-based revelation within the courts by the judiciary, civil oversight bodies, and NGOs. These units can contribute to:

– Increase public awareness of court system obligations and equal judicial procedures under the law.

– Improving court working relationships between judges, lawyers, and others.

Interaction between the judiciary and lawyers, and research on the cause of gender bias.

Establish strict rules on gender bias and make proposals for reform.

In the case of a post-conflict conflict process, it must:

Ratify and accede to all conventions on human rights.

Use the law to prevent violence and discrimination against women.

Countries must replace efforts to equal opportunities between men and women at all levels.

– The inclusion of women in transitional justice and judicial reform processes.

Judicial authorities work with women’s international organizations to ensure that court personnel have trained in gender-related issues.

Women’s groups should work to uncover gender-specific human rights violations.

Women are more sensitive to human rights violations, as the child is also more affected. There are several countries that witnessed this in a period of civil flight from the killing of nearly thousands of children. Periods of efforts to take into account the sensitivity of the child in transitional justice. a crime

Children must be integrated into transitional justice and its various mechanisms with regard to truth commissions. All those who have caused violations of children’s rights must be tried and compensation must be established for all victims, including children, to open a future for them. Institutional reform, especially the security sector, will be followed by the educational pieces that constitute the community system

Seventh: – Curriculum: –

The historical approach : – The historical approach was adopted due to its great importance in: –

1- Solving contemporary problems in light of past experiences

2- Shed light on current and future trends

3- The importance of developments and interactions in different civilizations

4- The possibility of reassessing data and information with regard to certain assumptions based on the past

5- Using the past to predict the future and using the present to interpret the past

6. clarify the specificity of each phenomenon and its uniqueness or generality and Kabiljiha to repeat. ( [24] )

Descriptive approach : – The descriptive approach was relied upon due to the complexity of human nature and human behavior, and the need for science to use the method of accurate scientific observation.

From here, the importance of the steps and rules that the descriptive approach depended on was:

1- Determine the basic phenomena and units that make up the phenomenon.

2- Gather accurate information about political phenomena and units to achieve a correct understanding of them.

3- Examining the various factors surrounding the phenomenon under study and surrounding a large number of dimensions to reach a number of important findings and recommendations in the field of research.

4. Astkhadda method of participant observation and experience the group or community to learn about all aspects of the phenomenon and behaviors imposed by individuals and an accurate description of that. ( [25] )

Therefore, the study will rely on the historical method to monitor the development of the concept of transitional justice through its different times, as it mainly depends on the descriptive approach to know the different context of human rights violations in Guatemala and to know their experience in transitional justice.

Eighth : The division of study:

The study will be divided into several chapters, and each chapter will be divided into several topics, and the study will be divided as follows: –

First: The first chapter deals with the origins and historical development of transitional justice and the first topic will address the definition of transitional justice and its most important mechanisms. The second topic will address the historical development of transitional justice in ancient and medieval times, while the third topic will address the historical development of transitional justice in modern times.

Second: The second chapter, which will talk about civil wars and military coups in Guatemala, as the first topic deals with the history of military coups and human rights violations, and the second topic deals with civil war from 1960: 1996 and the government’s role in combating the rebellions.

Third: The third chapter will deal with the mechanisms of implementing transitional justice in the case study of Guatemala, the first topic will address the role of trials in achieving transitional justice, the second topic will address the role of truth commissions in achieving transitional justice, while the third topic will address the role of institutional reform in achieving transitional justice, while the fourth topic The latter will address the role of reparations and remembrances in achieving transitional justice.

Fourth: The fourth chapter deals with the obstacles of transitional justice in Guatemala.

Chapter One: – The Origin and Historical Development of Transitional Justice

First: Definition of transitional justice and its most important mechanisms:

Transitional justice: – It is a set of mechanisms that society uses during transitional periods with a view to achieving justice. Usually these periods arise after revolutions or the end of a war and lead to a transition from authoritarian rule to a transitional phase and then to a democratic transformation and the problem facing society is dealing with cases of violation Human rights, whether physical, economic or political. ( [26] )

Transitional justice mechanisms: –

1- Trials: – The state has an obligation to prosecute crimes, in accordance with international treaty law and customary law, even if these crimes were committed under the previous regime or even if the perpetrator was the previous regime and all of that is stipulated in Article IV of the International Covenant on Civil and Political Rights.

It is the trials that lead to the standard transformation from illegitimate to legitimate rule and lead to the transformation into a more liberal political system.

Trials are important from a criminal point of view. They impose punishment and correct conditions. On the other hand, they prevent the absence of any attempt to violate human rights in the future because when individuals are exempted from punishment and are not subject to accountability or impose any penalties on them, this leads to a lack of human rights, so impunity It is the opposite of the rule of law.

The inability to deter human rights violations affects the direct victims, and even that its repercussions also extend to the impact on the democratic process, establishing the rule of law and protecting human rights. When the police incite or facilitate killing without any penalty being imposed, it is thus a participation in the crime. Violators of human rights, whose effects extend to the whole society.

Trials restrict the known perpetrators of violations and lead to their rehabilitation and rehabilitation, they purify society of dangerous leaders and deter future war criminals and rehabilitate the disobedient states.

The useful peace-building trials and approval of the truth about past events, and are trials by national courts, international tribunals, mixed tribunals, the International Criminal Court. ( [27] )

2 – Committees that decide the truth: – These committees focus on the past, and do not focus on a specific incident, but try to draw a complete picture of violations of human rights or international humanitarian law during a specific period of time, they do not exist permanently, but rather for a temporary period and end as soon as they submit a report on the results of their work, available to them. A degree of authority in order to be able to access as much information as possible in addition to security in order to study sensitive issues, therefore it is of great importance and is usually formed at the moment of political transition in a country. ( [28] )

3- Victims compensation (reparations): The primary goal of compensation is to give justice to the victims, and to mean recognition of the victim, restoring his dignity and restoring trust between citizens of one another on the one hand and between citizens and the state on the other hand.

The principle of compensation has become binding in accordance with international law, despite the difference in the obligations of each country in its precise details, according to the different charters signed, but it is obligated to confront all countries.

Direct and take several meanings, including direct compensation, re-consideration, or restoration, and when looking at its type, it is divided into material and moral and in terms of the target group may be individual or collective.

Financial compensation is done by granting funds and incentives or providing free services such as education, health and housing, and moral is done through an official apology or declaring a national day for remembrance. ( [29] )

4- Institutional reform: – It comes when authoritarian rule ends or when conflict ends, so the major institutions support authoritarian or totalitarian rule over the conflict, and they maintain their relationship with former leaders and seek their personal interests, resist any attempt to change the status quo, break down the infrastructure, and lead to mistrust Citizens in these institutions.

Therefore, these institutions must be reformed in order to spread peace, achieve democracy, and ultimately eliminate totalitarian rule and institutions to serve citizens instead of oppressing individuals, serving them with integrity and protecting human rights.

In the transitional periods would prefer individuals and public Alkhmat that reform faces difficulties in that period and requires a degree of realism and patience and the involvement of the bodies concerned in the work of reform. ( [30] )

5- Mechanisms of memorialization: – They are considered of great importance in transitional justice due to the existence of a great connection between them and the process of reconciliation with the past in order to overcome the damages experienced by individuals during periods of wars and conflict, and aims to inform people of the past of individuals who have fallen victim to human rights violations in order to sensitize them to During that mechanism.

Commemoration is carried out through memorials found in most societies, including statues and memorial paintings commemorating the heroes of war or national museums interested in cultural heritage.

Memorials embody the people and activities in an earlier historical period, and the revival of the male lead to the sustainability of democratization and human rights. ( [31] )

Second: – The historical development of transitional justice in the ancient and middle ages ( [32] )

Although the concept of transitional justice is relatively recent, that some believe that it has its roots in far ages, just as the concept of transitional justice is a relative concept that differs according to time and place, what can be applied in one country is difficult to apply in another country due to the different political, economic and social conditions, just as What can be applied at a particular time is difficult to apply in another time due to different levels of thinking, different generations, and succession.

First: Antiquity: The   roots of transitional justice date back to the wars that occurred between Greek cities such as the 25-year-old Peloponnese War that led to human rights violations and numerous executions by the armies of the Abelopez, the Athens and Spartan wars executed the Spartans of all the men, the women were captured, and 3,000 prisoners were executed The Athenians, and after the war ended there was advice that the victims were unhappy not to go back to war again.

Second: The Middle Ages: – It is characterized by religious factors and their impact on social life, so the emergence of Judaism, Christianity and Islamic religions had an important impact on transitional justice in those times.

Christianity: heralded brotherhood and love that must spread among humans and the enemy would have a share of it as the Bible commanded, so the teachings of Christianity emphasize the establishment of the principle of tolerance and reconciliation.

Islamic history: When looking at the components of transitional justice, we find that it revolves around the basic axis of protecting human rights and addressing human rights violations, and all of that is consistent with the purpose of Islamic law that honored human beings, and that human rights are not a grant from the ruler but rather a source of God.

Islam preserved human rights and dignity, especially the rules related to fighting, and pushed injustice and eliminated the vice. The Islamic Sharia is based on the realization of truth, nullities of falsehood, and the application of justice.

The components of transitional justice are consistent with the principles of Islamic Sharia in the field of truth and accountability, the purification of state agencies from corruption and retribution, compensation to victims, amnesty and reconciliation.

Third: – The historical development of transitional justice in modern times

Its origins date back to the victory of the American revolutionaries over British colonialism in 1776, and a constitution was issued that led to the guarantee of human rights, the French declaration of human rights after the French Revolution of 1789, and the promulgation of human rights covenants.

The signs of transitional justice return after the First World War, through attention to conflict resolution and criminal justice to address human rights violations, and other attempts after the Treaty of Versailles in 1919 to establish a court to try Emperor Glium II and the major German war criminals.

Others argue that it dates back to after the Second World War and the Nuremberg Trials to eliminate Nazism.

After the war ended, coalition countries began tracking down perpetrators of war to hold them accountable, and an international military tribunal was established in Nuremberg to try war criminals, specializing in war crimes and crimes against humanity.

An international military tribunal was established in Tokyo in 1946 to try war criminals in the Middle East and there are some who see it formed in the seventies after human rights trials in Greece and the measures taken by the military rule in Argentina, the National Committee of Bolivia, Argentina and Chile.

The Security Council establishes international international criminal tribunals to try people accused of war crimes, genocide and crimes against humanity, in addition to the International Tribunal for Sierra Leone.

Chapter Two: Civil wars and military coups in Guatemala

Guatemala witnessed civil wars that lasted about 36 years from 1960: 1996 and this war led to numerous violations of human rights, as it was more represented in military coups and what military leaders and their soldiers did in killing massacres of thousands of individuals, men and women, so we will present a history These military coups and the civil wars that occurred in Guatemala are a bit of an illustration: –

First: The history of military coups and human rights violations:

Guatemala gained independence from Spain in 1821, gained independence and was ruled by a group of dictators with the help of the United Fruit Company, and a liberal revolution occurred in Guatemala in 1871 under the leadership of Justo Rufinho Barrios and he wanted to modernize the country and unify Central America and led the country to war but was killed in the battle of 1885 against Salvador.

Then another dictator, who ruled in 1898: 1920, named Manuel Estrada Cabrera with the help of the United Fruit Company and subsequently had a major role in Guatemala.

In 1944 another governor named Jorge Obico Castendia resigned due to the turmoil and protests against him, and Juan Frederico Ponce Fidesz was also forced to step down in the same year after a military coup against him and killed about 100 people.

The Military Council held elections in which Juan Jose Arevalo Bermejo won by 85% and lived in exile in Argentina for 16 years. He was the first democratically elected president and had a policy of “socialist Christianity”. This policy was criticized by landowners and the upper classes, and Guatemala was greatly affected in a period Cold War due to US policies.

Another military coup also occurred in 1954 against Jacobo Arbens Guzmán, who came behind Arevalo from the Central Intelligence Agency of the United States. He was assassinated about 3 years later in 1957.

The United Fruit Company had an important role in this coup against Jacobo Arbens because of the threat to its interests in Guatemala, and in that period until 1963 many military leaders took office.

General Miguel Ydigoras Fuentes was assumed power, but was overthrown in 1963 when the Guamaltian air forces attacked several military bases, the coup was led by his defense minister, and Julio Cesar Mendez Montenegro was elected president in 1966 as president under the banner of democratic openness.

He was a candidate for the revolutionary party, the center-left party, and right-wing paramilitary organizations such as the White Hand and the anti-Communist army were established at the time.

The United States subsequently sent military advisers to train the Guatemalan forces to become the most sophisticated in Central America to fight the insurgency.

Colonel Carlos Manuel Arana Osorio was elected President of the country and with the presence of guerrilla movements in Mexico and elsewhere, after which rigged elections were held and General Romeo Lucas took office.

But in the 1970s, it witnessed the existence of two military organizations, the Army of the Poor and the Armed People’s Organization, and launched attacks on urban and rural areas against the army and their supporters. Therefore, the president of the Titheh states, Jimmy Carter, banned military aid to the army because of gross violations of human rights.

The headquarters of the Spanish embassy was controlled in 1980 to protest against the massacres and massacres in the countryside, so the Guatemalan government carried out an armed attack, which led to the building fire. The Spanish ambassador said that it was the police who killed all the protesters, and as a result, the Spanish embassy was closed.

In 1982 the Army of the Poor merged with the Armed People’s Organization and were joined by the armed rebel forces and the Guatemalan Labor Party, and formed the National Revolutionary Union influenced by El Salvador and Cuba.

Peachy Antonio was elected and his government contributed to the slow peace process with the guerrilla war until he was exiled to Panama. As for Ramiro de Leon he became president 1993: 1996 and he defended public freedoms and the rule of law, he negotiated with the fighters, cleansed the armed forces of the rebels, amended the constitution and conducted free elections won by Lyon in the second round won Alvaro Arzu. ( [33] )

Most of the conflicts and conflicts that occurred in Latin America were mostly led by military rulers. Indeed, most of these soldiers were supported from abroad by the United States of America in particular. The United States was doing this for fear of the growing left-wing socialist currents that run along the same lines of the Soviet Union and have been arranged. This has to do with the occurrence of highly armed conflicts, genocide and civil wars that have lasted 36 years.

Second: – The Civil War from 1960: 1996 and the government’s role in countering the insurgency: –

The Civil War between 1960 and 1996:

The civil wars in Guatemala lasted for more than 30 years, specifically 36 years from 1960 to 1996, that difficult war in the history of civil wars that killed about 200,000 people dead and missing, that war started and circulated between government forces that did not want communism and leftist revolutionaries which was called URNG. ( [34] )

That war began when a group of military officers in November 1960 revolutionized the dictatorial government that was in power between 1858 to 1963 led by General Miguel Fuentes, but it was a failed revolution and power was reached in 11858 after the first civil war after the killing of the agonist Carlos Castillo Armas in 1957, and a group of officers who intended from death fled to the east of the country in order to contact the Cuban government and created a rebellion movement called the Revolutionary November 13 Movement.

The beginning of the civil wars was when that movement contacted the outlawed Guatemalan party and a talaba organization called the April 12 Movement. It was allied with the guerrilla organization that is building itself the armed rebel forces in 1962, and also included an affiliate organization called the “Adgaraypara” guerrilla front. with each other and distributed tasks to them and they created an armed Tclat, some of whom work in the areas of Ladino Zbalthdid Izabal and Zacapa and some of them not in urban areas. ( [35] )

There were brutal and cruel acts committed against individuals, and more than 93% of the violations that were practiced belonged to the army and irregular forces called directly from the state, and that 3% of the violations belonged to the URNG.

Delegates of states committed genocide between the years (1981 to 1983) against groups of the Maya, and that these violations were by orders of the knowledge of the leaders and the highest authorities in the state. ( [36] )

The government’s role in counterinsurgency:

In the period between (1964 and 1965) the organization carried out by the rebel movements reached a great degree of spread, so what is expected of the armed forces except to intervene to put down this rebellion, and indeed the armed forces intervened in a very extreme war in order to combat this rebellion carried out by the movement 13 The revolutionary November when she fled to eastern Guatemala, the air force launched a fierce attack against the movement’s bases that settled in the Izabal region.

Not only that, but the forces also invaded military invasions in Zacapa, and as a result, the conflict intensified significantly between both government forces and the rebellious movements.

The United States did not tolerate this, so it sent aid and advisers to the army to organize it to combat the rebellions, which led to numerous kidnappings and torture and the killing of members of the rebel organizations, the most important of them from the Guatemalan Labor Party.

The continued cooperation between security forces and US intelligence services , which led to an increase of kidnappings and arrests until they were at the end of the war to the 1996 peace agreement was signed to end the civil war that lasted 36 years. ( [37] )

Chapter Three: Mechanisms for Implementing Transitional Justice in Guatemala

After the end of the long years of civil wars that exhausted peoples and led to the death of many individuals and violated their human rights, the country began to take a new approach to the country characterized by respect for human rights and fundamental freedoms stipulated in all human rights covenants and international covenants for civil and political rights as well as economic, social and cultural rights To do this, it must implement transitional justice mechanisms, such as truth-seeking commissions, trials, compensation for victims, institutional reforms, and memorial mechanisms.

Therefore, we will show how Guatemala deals with these mechanisms: –

First: Fact-finding committees: –

The History Clarification Committee was established in 1994 based on the peace agreement that was signed between the government and the communist forces with the intervention of the United Nations, which helped to end the civil wars. Only she also had knowledge of the factors, whether economic or social, that led to this violence.

Has been to report the drafters important because we know the number of deaths during the conflict and that capacity by about 200,000 people dead, he also recommended the implementation of many of the reforms in the country. ( [38] )

The commission clarified that there were about 42,275 victims, including men, women and children, and that there were arbitrary arrests of about 23,671 victims of arbitrary execution and 6,159 as a result of enforced disappearance.

83% of them were from the Mayan people, 17% of Ladino. ( [39] )

This and that this committee finally approved the full responsibility of the Guatemalan Government in all acts of violence committed during the civil war and committing genocide against the Mayan people. ( [40] )

But in 2007 a new international committee was set up to stop the violence in Guatemala and called it the “International Committee against Impunity” and the United States commended its support and funding to help it start work as quickly as possible.

The committee aims to investigate crimes committed by secret organizations that threaten the rights and freedoms of individuals in Guatemala, and reform the army, police and judiciary, and implement those operations in a proper manner.

This committee is considered the first of its kind sponsored by the United Nations, and once the committee is formed, it will carry out a set of necessary reforms to ensure that the agencies carry out their mission.

The formation of that committee is an important message to the people and the international community that Guatemala is committed to combating crime and peace, so that no one can escape punishment so as to restore stability and security to its citizens.

Indeed, even the European Union has praised the formation of this committee and that it will lead to security, and this, in addition to non-governmental organizations concerned with human rights, made it clear that those responsible for human rights violations during the war formed the secret organizations that threaten the country now, as Amnesty International also praised this. international organizations and non – partisan. ( [41] )

Second: – Trials: –

Trials are one of the most important mechanisms that lead to the achievement of transitional justice and are for perpetrators of crimes, and include the President of Guatemala and several high commanders of the army.

Guatemala established in its constitution that common crimes committed by the military should be tried in civil rather than military courts, and Guatemala enacted laws such as codifying the crime of enforced disappearance in 1996 that facilitated the prosecution of these crimes beyond their treatment of kidnapping, and then in 2009 the Constitutional Court of Guatemala dealt With the crime of enforced disappearance as an ongoing crime which allowed the application of laws in 1996 to enforced disappearances that occurred during the war and in 2005 Guatemala established a human rights unit to prosecute war situations. ( [42] )

130 people who violated human rights and were involved in organized crime were imprisoned, including a former president and defense minister and two senior police and military officials.

The US court in 2010 verdict against Jordan GELBER to 10 years ‘ imprisonment, the court prison sentence Guatemalan 53 – year – old Ali retired army officer named Marco Antonio Sanchez on charges of involvement in the disappearance of eight of the sons of the indigenous population. ( [43] )

The Guatemalan court took over the trial of military dictator Jose Evren Rios Montt, who turned 86 on charges of genocide and crimes against humanity in Axel and Maya during civil wars, and was sentenced to 80 years’ imprisonment.

The Judges Committee found that he was guilty of all charges against him, which included the massacre of 1771 people of Axel and the Mayas and the subjugation of the people of Axel to circumstances leading to its destruction, and that this is the first time that a head of state has been tried for genocide and this shows the importance of achieving justice at the national level.

Investigations established that Rios Montt made plans that led to genocide and was aware of the massacres taking place and did not do anything to stop them.

The court heard the testimonies of individuals and showed that the military forces not only killed, but also there were cases of rape during these massacres and as part of the military occupation.

Part of the success of this trial was to the Clarification Commission , which has already proved the existence of genocides against the Mayan people and other ethnic groups. ( [44] )

5130 years in prison, a soldier named Alonzo, who participated in the civil war, killed 200 people for crimes against humanity and kidnapped a five-year-old child from a family. He also participated in rape of women, killing the people of a village and throwing their bodies into the well.

He was arrested during a visit to the United States and was arrested and handed over to the authorities of the Guatemalan. ( [45] )

5160 years in prison for a former military named Santos Lopez sixty Ramsey committed a massacre in Guatemala, and he was convicted of killing 201 farmers in a village in the north of the country and the punishment includes 30 years in prison for each victim and he was convicted of carrying out the operation with 171 victims, in addition to 30 years for a crime Kidnapping and killing of a minor who survived the massacre.

He was surrendered by the court in 2016 and the investigation confirmed his participation in the 1982 massacre.

There are other soldiers sentenced to 6060 years in 2011, 2012. ( [46] )

The military official, Luis Enrique Mendoza Garcia, was the commander of military operations during the reign of dictator Evren Rios Montt, due to his role in the incident that killed at least 1771 individuals, not only that but also caused the displacement of children, women and children.

Charges of papers were referred to the judiciary to judge him for the crimes he committed against individuals, and he is now 76 years old, and Mendoza Garcia is the fourth senior military official to be brought to justice in less than a week.

All the accused deny the accusations leveled against them and Garduza Mendoza said to him, saying, “I was not the person ruling,” and that there is no king who can carry out this operation. ( [47] )

Third – Reparation for damages and compensation for victims:

The committee that was formed recommended that victims and their relatives be compensated as a result of the grave violations they were subjected to.

A group of collective measures have been taken to compensate:

Physical response, economic compensation, reparation and psychological rehabilitation backfill, venerating victims, and compensation of cultural violations. ( [48] )

President Alvaro Colom issued a letter of apology on behalf of the government, and awarded financial compensation to more than 1,000 families of the civil war victims, which killed nearly 200,000 people.

At another time, the court approved the imprisonment of a Guatemalan soldier for revealing his role in the 1982 massacre, and therefore the Guatemalan government announced in 2000 CE the responsibility for this massacre and promised to compensate the families of the victims, and therefore human rights groups sought to represent these families and hand that soldier over to the court. ( [49] )

President Portillo, successor of Arezzo, assured the families of the area’s victims of dos Ares that they would receive compensation. It was announced to reach agreement on compensation in May 2001, but the government has not paid only until December 2001, after nineteen passing years on the massacre, 14 million Kew to the families of people who slaughtered the army in Dos Erres. ( [50] )

In March 2011 monitoring contributions of $ 10 million from the Peacebuilding Fund to help human rights and the strengthening of the judiciary and security systems have been established in 206 this fund to promote stability and security. ( [51] )

Fourth: Reforming institutions and memorializing:

The United Nations has encouraged the Government to strengthen the Guatemalan permanent institutions responsible for the consolidation of law and respect for human rights. ( [52] )

One of the most important reformed institutions was the National Archives Foundation for the National Police, and it was primarily the place of work for the National Police as it was suspected that it was used as a prison and torture center during civil wars and now it has been converted into an archive space managed by a non-profit human rights organization and has been discovered millions of documents in the police archive in the period in which the violation of human rights has intensified dramatically too. ( [53] )

In February 2011, many marches from human rights groups went out of the country to commemorate the victims of the civil war and it is called the Day of Dignity and it is revived every year for the victims of the armed conflict in February of each year, after it was approved by Congress in 2004, and that the organizers of the march want to introduce compensation programs comprehensive victims. ( [54] )

The Skylight Pictures company has made a short film called How to Beat a Dictator and won the Peace and Reconciliation Award to explain the efforts made to end the impunity of the perpetrators for their human rights and the International Center for Transitional Justice has propagated the film. ( [55] )

For his area of ​​Dos Aris, a memorial for the dead has been erected, a videotape of the massacre has been prepared and displayed at the national level, and psychological and therapeutic assistance has been provided to witnesses and survivors. In August 2002, President Portillo Khalifa Arzew publicly accepted responsibility for those killed in the Dos Erres. ( [56] )

Chapter Four: – Constraints to Transitional Justice in Guatemala

Ideally, it is considered that transitional justice includes both criminal and restorative justice, but that rarely happens. Justice aims to know what happened to punish criminals, leave the past, and reform institutions in a way that prevents their occurrence in the future, but that is fundamentally incompatible.

Justice is seen as an unfortunate but necessary cost to achieve peace, but it is unfortunate that the perpetrators of harm and killing of individuals are not prosecuted, which leads to more atrocities, so we find that those who ended conflicts by force are still in power and that this happens a lot in Latin America, Trials are unrealistic politically. ( [57] )

After a large period has passed since the end of the civil war, the United Nations Mission to Investigate Guatemala stated that the investigation continues without judicial punishment, and that impunity today has become the basic rule while it is in the slightest possibility that the exception should be, and this led to a lack of confidence Individuals in the judicial system.

And that the period following the peace agreement witnessed violent attacks on judges, witnesses and prosecutors, at a rate of more than 3 times the increase, as that period witnessed more than 300 killings that did not exist before in Guatemala. And that most instances of incitement to murder are carried out by local residents who in the past had authority as they were participating with the army and civil patrols, and evidence revealed that these operations were politically motivated and often carried out for the purpose of fear and exercise of control.

The lack of justice has weakened peacebuilding efforts in Guatemala, and the biggest obstacle standing in peacebuilding operations is mainly the catastrophic failure to implement peace agreements, and there is difficulty, though not impossible, in removing perpetrators of human rights violations from power.

The circumstances that led to the conflict still exist, and the killings are the most prominent evidence of this.

The presence of some former and current members of the security forces who turned to organized crime and used the infrastructure to fight the insurgency to commit crimes such as drugs, theft, and kidnapping, as happened in the Gerardi assassination case.

We cannot deny that the majority of Guatemalans changed their lives after the civil war, but also there is a lot of violence on the part of those responsible for past violations, so there must be a correlation between dealing with gross violations of human rights and strengthening the rule of law in order to lead us to efforts to build a peace state .

The structural medical of the violence in Guatemala and the presence of former perpetrators responsible for gross violations of human rights in power is a very serious matter and is a fundamental problem I must put our hands on because this leads to the continuation of the violence that had previously existed during the civil wars and will make Guatemala besieged in the past and remain divided until find a way out of it and will remain the future is like the past to a large degree. ( [58] )

Truth Commission has been clarified that the role was very weak and did not have the power of search and seizure and do not have the ability to call witnesses. ( [59] )

In 1882, special teams belonging to the Guatemalan army entered the villages of the northern governorate of Tint and committed a massacre that killed more than 250 men and women, killing and rape took place. The massacre had been convicted and the case remained in the local courts and there were continuous appeals and there was no progress in the case, so the families of the victims protested in Guatemala City outside the Court of Justice and the Office of the Attorney General to demand justice.

In the absence of any progress in the investigation, the Inter-American Commission on Human Rights returned the case to the Inter-American Court.

There was a clear lack of political will to hold to account any one of the crimes committed against humanity , after more than 26 passing years the massacre and about 60 years of the signing of the State of Guatemala on the Prevention of Genocide Convention does not prove that was presented one to justice the heinous crimes. ( [ 60] )

This is because Luis Enrique Mendoza Garcia, commander of military operations during the reign of dictator Afrin Rios Montt, who carried out an operation that killed more than 1771 Maya people and displaced thousands is still being brought to trial until now in an incident that has passed for more than 30 years and claims that it was not he who judged at the time and lead to the loss of the rights of individuals who have been victims of these wars. ( [61] )

Even today the army retains control of the state and the public domain, and security and the army are still seen as national heroes, and the army mobilized the indigenous population to protest against the trials and denial of genocide.

Economic elites joined the efforts of the military associations for fear that the trials would reveal their involvement in the genocide, and the Chamber of Commerce in the country forced the Constitutional Court to cancel the conviction of Rios Montt, and there are still great attempts to reduce the degree of gross violations of human rights and there are those who say that no There is genocide primarily. ( [62] )

Findings and recommendations:

Results:-

After reviewing transitional justice through its concept and its mechanisms represented in trials, truth-seeking committees, compensation for victims, reform of institutions and mechanisms for remembrance, then talking about the civil war in Guatemala, armed conflicts and military coups, then applying these mechanisms to Guatemala and talking about their obstacles, the following was reached: –

1- A specific definition of transitional justice has been established and its components explained, and knowledge that transitional justice leads to peacebuilding and democratization.

2- The important mechanisms for transitional justice were identified, such as trials, fact-finding committees, compensation for victims, institutional reforms, and mechanisms for memorializing and knowing how to achieve each of them separately and knowing the importance of each in achieving justice.

3- The evolution of transitional justice has been reviewed from ancient times and its beginning from the ancient Greek state to the Middle Ages in the Islamic and Christian eras, then its development in modern times, especially after the Second World War and the Nuremberg trials, and the establishment of courts specialized in trying criminals for violations of grave human rights violations.

4- The civil wars in Guatemala that lasted for more than 36 years, which lasted for more than 36 years, were clarified, as well as the violations that occurred in human rights during that period to find out what happened to the people and explain what the military leaders did in violating those rights.

5- Transitional justice played an important role in Guatemala. Some war criminals were tried and sentenced to severe penalties to restore the rights of individuals and authoritarian regimes were largely dismantled.

6- Truth commissions have found many violations of human rights, and the commission has provided a set of mechanisms to provide compensation to victims of war, injustice and tyranny.

7- Within the realization of transitional justice, many institutions that led to human rights violations during the war were reformed, such as the reform of the police force, the old place for it was replaced, and it was replaced by a human rights committee.

8- But there are some who see that the Truth Commission was very weak in its role, and that the peace agreement was not implemented in a proper way and did not lead to the removal of human rights violators from power, and that the period that followed the peace agreement witnessed more than 300 war operations and witnessed numerous violations as well. The army still dominates public life and is still seen as national heroes.

Otherwise, some trials are still taking place to date, as civil wars occurred in the 1980s, and those who violate them are still being punished until now.

Recommendations: –  

This is, and if the most important results that the study was able to reach were reviewed, there are still weaknesses that still stand in the face of transitional justice, which will be focused on: –

1- There must be a real political will to interfere in order to implement these mechanisms in a proper way. There is a failure by some agencies to implement the mechanisms in their proper form.

2- Trials must take place as quickly as possible and not be postponed and delayed in their implementation, so we find that the individuals who committed the small massacres are judged and leave the high leaders responsible for most of the violations, and their trials have been postponed until now.

3- Granting many major powers to the truth commissions so that they can fully start their activities in order to reach the real individuals responsible for these violations so that the trials are fair and sound, and to provide protection for all members of the committee so that they are not subjected to pressures during its work.

4- Keeping the army away from political life and limiting its work to protecting the security and safety of individuals and public facilities and protecting the country against any external enemy, and leaving the country to individuals with the appropriate features to advance it, achieve peace, and build democracy.

5- Reforming the state institutions in a proper way by making a fundamental change in the institutions responsible for these violations during the war because it is still clear that it has control over many affairs and the belief that they are national heroes that will destroy the country without them.

6- Carrying out reparations to the victims, damages are still small and are given after large periods.

7- Carrying out many memorials, which are still very few until now, so that individuals will be reminded of their past and remind the families of the martyrs and the people that they died in their path.

List of references:-

First: References in English: –

1- Raquel Aldana, A Reflection on Transitional Justice  in Guatemala 15 Years After the Peace Agreement , Victims of International Crimes: An Interdisciplinary Discourse, Thorsten Bonacker Christoph Safferling (Editors), (Germany, Marburg, 2013)p 309

2- Guatemala memory of silence, Report of the commission for historical clarification conclusion and recommendation, p 30

https://hrdag.org/wp-content/uploads/2013/01/CEHreport-english.pdf Available at the following link

3- Craig Kauffman, Transitional Justice in Guatemala:  Linking the Past and the Future, ISA-South Conference Miami, Florida, November 3-5, 2005, p 6-7

4- irma alici a velásquez nimatuj, Struggles and Obstacles in Indigenous Women’s Fight for Justice in Guatemala, llilas benson portal, p 25

https://repositories.lib.utexas.edu/bitstream/handle/2152/62755/8Portal_issue11_2016_VelasquezNimatuj.pdf?sequence=3

Second: – References in Arabic: –

First: – Books: –

1- Mustafa Boujabout, The Experience of Transitional Justice in Guatemala , Experiences of Transitional Justice in Latin America: Democratic Transition or Reduction of Crimes of Serious Violations of Human Rights, Mustafa Boujabout (Editor), (Berlin, Arab Democratic Center for Strategic, Political and Economic Studies, 2019).

2- Abdul Ghaffar Rashad Al-Qasabi, Research Methods in Political Science (Cairo, Library of Literature, 2004).

3- Abdel Karim Abdel-Lawi, The Experience of Transitional Justice in Morocco , (Cairo, Cairo Institute for Human Rights Studies, 2013).

4- Farida Rattan, Mechanisms for Implementing Transitional Justice in the Democratic Republic of the Congo , Transitional Justice in Africa, Manifestations of Dismantling Authoritarian Systems, Examining the Experiences of Truth Commissions: Gains and Challenges, Mustafa Boujabout (Editor), Berlin, The Lord’s Democratic Center for Strategic, Political and Economic Studies, 2018.

Second: – Thesis: –

1- Osama Muhammad Abu El-Ela Hassan , The Role of International Judiciary (International Criminal Courts, United Nations) in Achieving Transitional Justice , (Master Thesis, Cairo University, Faculty of Economics and Political Science, 2016).

2- Muhannad Ibrahim Musa Al-Ghussain, Transitional Justice (Theoretical-Applied Study ), (Master Thesis, Cairo University, Faculty of Economics and Political Science, 2010).

3- Hend Monther Moheb Abu Raya, Transitional Justice is a Calender for Political Reform: Morocco as a Model , (Master Thesis, Cairo University, Faculty of Economics and Political Science, 2018).

Third: – Scientific periodicals: –

1- Ibrahim Maliki, Mechanisms for Implementing Transitional Justice during the Political Transition in Syria, Al-Demurra Magazine , p. 54, 2014, p. 9.

2- Al-Hussein Al-Aweimer, Foundations of Reparations in Transitional Justice: A Reading in the Experience of the Equity and Reconciliation Commission, Al- Awsat Affairs , p. 157, 2018.

3- Iyad Younis Muhammed Al-Skali, Transitional Justice: A Legal Study, Journal of the College of Law for Legal and Political Sciences , p. 18, 2016.

4- Hazem Awad Al-Karim, Transitional Justice, Knowing the Truth and its Impact on Achieving Reconciliation: Darfur as an Example, Al -Tanweer Magazine , No. 16, 2016.

5- Saad Salloum, The Great Human Tribes, Civil Wounds of Love on the Altar of the Twenty-first Century, Masarat Newspaper , Issue 3, Year 2.

6- Adel Majed, Challenges in Implementing Transitional Justice in Egypt, Democracy Magazine , p. 542014, p. 9

7- Muhammad Adel Muhammad Askar, International Transitional Justice Standards and Mechanisms for their Application, Journal of the Faculty of Law for Legal and Economic Research , No. 2, 2016.

8- Hawari Kada, Transitional Justice … The Other Face of Justice, Journal of Human Rights Generation , No. 22, 2017

9- Erashni Nadio, Suri: Documentation and its Role in Commemorating the Anniversary, Syrian Center for Justice and Accountability , p. 13

Fourth: – Reports: –

1- The Bahrain Independent Commission of Inquiry report published on November 23, 2011.

http://www.bici.org.bh/indexa9c4.html?page_id=10&lang=en available at the following link

2- International Center for Transitional Justice, October 2010 report, p. 7

https://www.ictj.org/sites/default/files/ICTJ-Global-Newsletter-October 2010- Arabic.pdf available at

3- International Center for Transitional Justice, January 2011 report, p. 6

https://www.ictj.org/sites/default/files/ICTJ-Global-Newsletter-April-2011-Arabic.pdf available at

4- International Center for Transitional Justice, January 2011 report, p. 9

https://www.ictj.org/sites/default/files/ICTJ-Global-Newsletter-January 2011- Arabic.pdf available at

5- International Center for Transitional Justice, March 2011 Report, p. 7.

https://www.ictj.org/sites/default/files/ICTJ-Global-Newsletter-March-2011-Arabic.pdf available at

6- International Center for Transitional Justice, March 2011 Report, p. 6

https://www.ictj.org/sites/default/files/ICTJ-Global-Newsletter-April-2011-Arabic.pdf available at

Fifth: – Websites: –

1- https://www.ictj.org/sites/default/files/subsites/challenging-conventional-truth-commissions-peace/guatemala_ar.html#01/3

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2- https://nagd.ahladalil.com/t2323-topic

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3- https://www.ictj.org/ar/news/ictj-conviction-rios-montt-genocide-victory-justice-guatemala-and-everywhere

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4 https://www.raialyoum.com/index.php/%D8%BA%D9%88%D8%A7%D8%AA%D9%8A%D9%85%D8%A7%D9%84%D8% A7-% D8% A7% D9% 84% D8% B3% D8% AC% D9% 86-5130-% D8% B9% D8% A7% D9% 85% D9% 8B% D8% A7-% D8% B9 % D9% 84% D9% 89-% D8% B9% D8% B3% D9% 83% D8% B1% D9% 8A-% D8% B3% D8% A7% D8% A8% D9% 82 /

2019 – entry date 19-12

5 https://www.alittihad.ae/article/76088/2018/%D8%A7%D9%84%D8%B3%D8%AC%D9%86-5160-%D8%B9%D8%A7%D9 % 85% D8% A7-% D9% 84% D8% B9% D8% B3% D9% 83% D8% B1% D9% 8A-% D8% B3% D8% A7% D8% A8% D9% 82-% D8% A7% D8% B1% D8% AA% D9% 83% D8% A8-% D9% 85% D8% AC% D8% B2% D8% B1% D8% A9-% D9% 81% D9% 8A- % D8% BA% D9% 88% D8% A7% D8% AA% D9% 8A% D9% 85% D8% A7% D9% 84% D8% A7

Access date 19-12-2019.

6- https://ara.reuters.com/article/worldNews/idARAKBN1Y40C0

2019 Entry Date 7-12-

7- https://www.amnesty.org/ar/latest/news/2008/12/still-no-justice-guatemala-massacre-victims-after-26-years-20081205/

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Iyad Younis Muhammad al-Skali, Transitional Justice: A Legal Study, Journal of the College of Law for Legal and Political Sciences , p. 18, 2016, pp. 243: 243 [1]

– [2]

Muhannad Ibrahim Musa Al-Ghussain, Transitional Justice (Theoretical-Applied Study ), (Master Thesis, Cairo University, Faculty of Economics and Political Science, 2010), p. 17

Muhannad Ibrahim Musa Al-Ghussain, Previous Reference, P 30- [3]

– [4]

Osama Mohamed Abu El-Ela Hassan , The Role of International Judiciary (International Criminal Courts, United Nations) in Achieving Transitional Justice , (Master Thesis, Cairo University, Faculty of Economics and Political Science, 2016), p. 35, 36

  Osama Mohamed Abu El-Ela Hassan, previous reference- [5]

Al-Hussein Al-Awimer, Foundations of Reparations in Transitional Justice: A Reading in the Experience of the Equity and Reconciliation Commission, Al- Awsat Affairs , p. 157, 2018. [6]

 Iyad Younis Muhammad al-Skali, previous reference – [7]

 Muhammad Adel Muhammad Askar, International Transitional Justice Standards and Mechanisms for their Application, Journal of the Faculty of Law for Legal and Economic Research , No. 2, 2016.- [8]

Hawari Kada, Transitional Justice..The Other Face of Justice, Journal of Human Rights Generation , No. 22, 2017. – [9]

– [10]

Hend Monther Moheb Abu Rayya, Transitional Justice A Caliber for Political Reform: Morocco as a Model , (Master Thesis, Cairo University, Faculty of Economics and Political Science, 2018)

Abdel Karim Abdel-Lawi, The Experience of Transitional Justice in Morocco , (Cairo, Cairo Institute for Human Rights Studies, 2013) – [11]

Muhannad Ibrahim Fayez Musa Al-Ghussain, Previous Reference – [12]

– [13]

Farida Rattan, Mechanisms for implementing transitional justice in the Democratic Republic of the Congo , transitional justice in Africa, manifestations of dismantling authoritarian regimes, examining the experiences of truth commissions: gains and challenges, Mustafa Boujabout (ed.), Berlin, RPG Center for Strategic, Political and Economic Studies, 2018.

Hazem Awad Al-Karim, Transitional Justice: Knowing the Truth and its Impact on Achieving Reconciliation: Darfur as a Model, Al -Tanweer Magazine , No. 16, 2016. [14]

– [15]

Mustafa Boujabout, The Experience of Transitional Justice in Guatemala , Experiences of Transitional Justice in Latin America: Democratic Transition or Reduction of Crimes of Serious Violations of Human Rights, Mustafa Boujabout (Editor), (Berlin, Arab Democratic Center for Strategic, Political and Economic Studies, 2019)

– [16]

Samia Bin Yahya, Institutional Contents of Transitional Justice in Africa Between Concept and Practice, Transitional Justice in Africa Manifestations of Dismantling Authoritarian Systems: A Study of Experiences of Truth Commissions: Earnings and Challenges, Previous Reference, p. 45.

Iyad Younis Muhammad al-Saqli, previous reference, p. 237- [17].

Hend Munther Munheb Abu Raya, previous reference, p. 24.- [18]

Muhannad Ibrahim Fayez Musa Al-Ghussain, Previous Reference, P.30 .- [19]

Osama Muhammad Abu El-Ela Hassan, previous reference, p. 27.- [20]

Ibrahim Maliki, Mechanisms for Implementing Transitional Justice during the Political Transition in Syria, Democracy Magazine , p. 54, 2014, p. 9. [21]

Adel Majed, Challenges of Implementing Transitional Justice in Egypt, Democracy Magazine , p. 542014, p. 9. [22]

Hend Munther Moheb Abu Raya, previous reference, pp. 35: 44- [23]

 Abdul Ghaffar Rashad Al-Qasabi, Research Methods in Political Science , (Cairo, Library of Literature, 2004), p. 225 [24]

 Abdul-Ghaffar Rashad al-Qasabi, op. Cit., Pp. 263,264 [25]

 Osama Muhammad Abu El-Ela Hassan, previous reference, p. 27. [26]

 Muhannad Ibrahim Musa Al-Ghussain, previous reference, 86,87,88,90,91 [27].

 Muhannad Ibrahim Musa Al-Ghussain, op. Cit., P. 96 [28]

 Muhannad Ibrahim Musa Al-Ghussain, op. Cit., P. 100 [29]

 Muhannad Ibrahim Musa Al-Ghussain, op. Cit., 105, 106 [30]

Muhannad Ibrahim Musa Al-Ghussain, op. Cit., 110,111 [31]

 Iyad Younis Muhammad al-Skali, previous reference, pp. 243: 252 [32].

[33]

Mustapha Boujaoubout, The Experience of Transitional Justice in Guatemala , Experiences of Transitional Justice in Latin America: Democratic Transition or Reduction of Crimes of Serious Human Rights Violations, previous reference, p. 19:23

 Saad Salloum, Major Human Tribes, Civil Wounds of Love on the Altar of the Twenty-first Century, Masarat Newspaper , Issue 3, Year 2, p. 14 [34]

Al-Mustafa Boujabout, Previous Reference, Pg. 26 [35].

 Saad Salloum, previous reference, p. 15 [36].

 Mustapha Boujbout, previous reference, pp. 26-27 [37].

 Report of the Bahrain Independent Commission of Inquiry published on November 23, 2011. [38]

http://www.bici.org.bh/indexa9c4.html?page_id=10&lang=en available at the following link

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[39] Guatemala memory of silence, Report of the commission for historical clarification conclusion and recommendation, p 30

https://hrdag.org/wp-content/uploads/2013/01/CEHreport-english.pdf Available at the following link

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 International Center for Transitional Justice [40]

Available at the following link:

https://www.ictj.org/sites/default/files/subsites/challenging-conventional-truth-commissions-peace/guatemala_ar.html#01/3

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 https://nagd.ahladalil.com/t2323-topic is available at the following link [41]

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[42] Raquel Aldana, A Reflection on Transitional Justice  in Guatemala 15 Years After the Peace Agreement , Victims of International Crimes: An Interdisciplinary Discourse, Thorsten Bonacker Christoph Safferling (Editors), (Germany, Marburg, 2013)p 309

Mustafa Boujbout, previous reference, p. 37 [43]

[44]

International Center for Transitional Justice, Rios Montt’s conviction for the genocide of the Victory of Justice group in Guatemala and everywhere, published on May 5, 2013.

https://www.ictj.org/ar/news/ictj-conviction-rios-montt-genocide-victory-justice-guatemala-and-everywhere

Access date 19-12-2019

Ray Today newspaper [45]

https://www.raialyoum.com/index.php/%D8%BA%D9%88%D8%A7%D8%AA%D9%8A%D9%85%D8%A7%D9%84%D8%A7 -% D8% A7% D9% 84% D8% B3% D8% AC% D9% 86-5130-% D8% B9% D8% A7% D9% 85% D9% 8B% D8% A7-% D8% B9% D9% 84% D9% 89-% D8% B9% D8% B3% D9% 83% D8% B1% D9% 8A-% D8% B3% D8% A7% D8% A8% D9% 82 /

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Al-Ittihad Newspaper, published on November 22, 2018. [46]

https://www.alittihad.ae/article/76088/2018/%D8%A7%D9%84%D8%B3%D8%AC%D9%86-5160-%D8%B9%D8%A7%D9% 85% D8% A7-% D9% 84% D8% B9% D8% B3% D9% 83% D8% B1% D9% 8A-% D8% B3% D8% A7% D8% A8% D9% 82-% D8 % A7% D8% B1% D8% AA% D9% 83% D8% A8-% D9% 85% D8% AC% D8% B2% D8% B1% D8% A9-% D9% 81% D9% 8A-% D8% BA% D9% 88% D8% A7% D8% AA% D9% 8A% D9% 85% D8% A7% D9% 84% D8% A7

Access date 19-12-2019.

 Salma Najem, Reuters News Agency, published on November 30, 2019. [47]

https://ara.reuters.com/article/worldNews/idARAKBN1Y40C0 Available at

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 Al-Mustafa Boujabout, Previous Reference, P36. [48]

 International Center for Transitional Justice, October 2010 report, p. 7 [49]

https://www.ictj.org/sites/default/files/ICTJ-Global-Newsletter-October 2010- Arabic.pdf available at

Access date 19-12-2019

https://www.amnesty.org/ar/latest/news/2008/12/still-no-justice-guatemala-massacre-victims-after-26-years-20081205/

Join Date 22-12-2019 [50]

International Center for Transitional Justice, January 2011 report, p. 6 [51]

https://www.ictj.org/sites/default/files/ICTJ-Global-Newsletter-April-2011-Arabic.pdf available at

Access date 19-12-2019

 International Center for Transitional Justice, January 2011 report, p. 9 [52]

https://www.ictj.org/sites/default/files/ICTJ-Global-Newsletter-January 2011- Arabic.pdf available at

Access date 19-12-2019

 Erashni Nadio, Suri: Documentation and its role in memorializing, Syrian Center for Justice and Accountability , p. 13 [53]

 International Center for Transitional Justice, March 2011 Report, p. 7. [54]

https://www.ictj.org/sites/default/files/ICTJ-Global-Newsletter-March-2011-Arabic.pdf available at

Access date 19-12-2019

 International Center for Transitional Justice, March 2011 Report, p. 6 [55]

https://www.ictj.org/sites/default/files/ICTJ-Global-Newsletter-April-2011-Arabic.pdf available at

Access date 19-12-2019

https://www.amnesty.org/ar/latest/news/2008/12/still-no-justice-guatemala-massacre-victims-after-26-years-20081205/ [56]

[57] Craig Kauffman, Transitional Justice in Guatemala:  Linking the Past and the Future, ISA-South Conference Miami, Florida, November 3-5, 2005, p 6-7

[58] Craig Kauffman, The previous reference, p 22-23-24

[59] Craig Kauffman, The previous reference, p 18

 Amnesty International website [60]

https://www.amnesty.org/ar/latest/news/2008/12/still-no-justice-guatemala-massacre-victims-after-26-years-20081205/

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Salma Najem, Reuters News Agency, published on November 30, 2019. [61]

https://ara.reuters.com/article/worldNews/idARAKBN1Y40C0 Available at

Entry date 7-12-2019

[62] irma alici a velásquez nimatuj, Struggles and Obstacles in Indigenous Women’s Fight for Justice in Guatemala, llilas benson portal, p 25

https://repositories.lib.utexas.edu/bitstream/handle/2152/62755/8Portal_issue11_2016_VelasquezNimatuj.pdf?sequence=3

Entry date 24-12-2019