Efrain Rios Montt to Face Genocide Charges After 30 Years

By Brittney Hodnik
Impunity Watch Reporter, North America

GUATEMALA CITY, Guatemala – For the first time, a Latin American court has decided to charge former president, Efrain Rios Montt with genocide.  For the past14 years, Montt has enjoyed immunity as a member of Congress, according to The Indypendent.  His term expired in January and the government has finally brought genocide charges and accusations of other human rights abuses.

Montt faces genocide charges and other crimes against humanity. (Image courtesy of The New York Times)

Montt served as president-dictator of Guatemala from 1982-1983 after a military coup in that country.  A civil war ensued for over three decades.  According to the Associated Press, he is accused in 266 incidents (usually massacres) that resulted in 1,771 deaths, 1,400 human rights violations, and the displacement of 29,000 indigenous Guatemalans.

According to The Indypendent, Judge Patricia Flores stated in her ruling, “We can establish these are acts so degrading, so humiliating that there is no justification . . . You were the general commander of the military and had knowledge of the execution of these plans.”

Montt’s lawyer told local newspapers, “We are sure that there is no responsibility, since he was never on the battlefield,” as reported by The New York Times.  Montt has previously denied ordering any massacres, but military documents have shows the contrary.  Further, according to the Associated Press, Montt explained to the judge “I understand what the prosecution is saying and I won’t respond . . . The point is to do justice, not vengeance.”

A United Nations-backed truth commission set up in 1996 found that about 200,000 people were killed or disappeared during the civil war, according to The New York Times.  Montt’s 17-month rule played a significant role in these deaths.  Judge Flores went on to say during the testimony, “Unfortunately there are cases like this where people have been waiting 29 years for justice.”

His parliamentary immunity has shielded him from prosecution until now.  In December of 1999, a group of Guatemalans filed suit in the Spanish National Court against 8 high ranking Guatemalan officials, including Montt, reports The Indypendent.  These charges were filed under “universal jurisdiction” and were upheld.  Also, in 2004, the Guatemalan government admitted before the Inter-American Court of Human Rights that Rios Montt’s regime pursued a strategy of genocide, reports The Huffington Post.

Currently, Montt is on house arrest and has been ordered to pay a $64,000 bond.  Formal charges against the court are expected to come about soon.

For more information, please visit:

The Indypendent — Genocide Trial of Rios Montt — 9 Feb. 2012

The Huffington Post — Paul Seils: Guatemala Genocide Ruling a Triumph for Survivors — 1 Feb. 2012

The Associated Press — Guatemala: Ex-Dictator to Face Genocide Charges — 27 Jan. 2012

The New York Times — Efrain Rios Montt, Guatemala Ex-Dictator, to Appear in Court — 22 Jan. 2012

Connect U.S. Newsletter- Responsibility to Protect, International Policy, The 2012 NSS, New Climate And Security Link

Connect U.S. Newsletter- Responsibility to Protect, International Policy, The 2012 NSS, New Climate and Sec…

War Crimes Prosecution Watch –Feb. 13, 2012

 

Vol. 6, Issue 23 — February 13, 2012

 

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo

Kenya

Libya

Cote d’Ivoire (Ivory Coast)

AFRICA

International Criminal Tribunal for Rwanda

Special Court for Sierra Leone

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

NORTH AND SOUTH AMERICA

United States

TOPICS

Terrorism

Piracy

Universal Jurisdiction

Gender-Based Violence

REPORTS

UN Reports

NGO Reports

TRUTH AND RECONCILIATION COMMISSIONS

Canada

Kenya

Liberia

Thailand

COMMENTARY AND PERSPECTIVES

WORTH READING

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. For more information about War Crimes Prosecution Watch, please contact warcrimeswatch@pilpg.org.

Sudan and South Sudan Reach Non-Aggression Pact

By Zach Waksman
Impunity Watch Reporter, Africa

KHARTOUM, Sudan – Sudan and South Sudan signed a non-aggression agreement regarding their disputed border on Friday.  The pact, signed after negotiations in Addis Ababa, Ethiopia, is a first step toward reaching and maintaining a lasting peace in an area that has been wracked by conflict for decades.

According to the deal, both sides agreed to “respect for each other’s sovereignty and territorial integrity” and to “refrain from launching any attack, including bombardment.”  It also creates a system to monitor the border and provide a forum for complaints if the incursions continue. Thabo Mbeki, the former president of South Africa who served as the African Union’s chief negotiator, warned both sides to adhere to the pact’s terms.

“We are very serious … it is the responsibility of both sides to act now,” he said.

Ever since South Sudan became independent last July, the border region has been the site of nearly continuous conflict both between countries and within.  The two nations have accused each other of backing militias.  What has really driven this situation has been a dispute over the distribution of oil through a pipeline that crosses the disputed boundary.  Three-fourths of the oil-rich region’s wealth lay in the south, but the pipeline runs through the north.

As part of the ongoing argument, South Sudan shut down its oil production last month, which might cripple both countries’ economies.  Though oil provides up approximately 98% of its total revenue, South Sudan has taken this path in an effort to force concessions from its neighbor to the north.  It claims Sudan has stolen more than $815 million worth of crude oil.  In response, Sudan says it did so in order to pay off debts owed to it.

South Sudan claims that it will only continue its production once “all the deals are signed.”  In the meantime, Juba has threatened to cease production for years while it builds a new pipeline that runs through Kenya.  That pipeline has drawn skepticism as to its feasibility for many reasons, including that it would go through an area that is considered a war zone.

Progress on the oil issue has been minimal, though negotiations were expected to continue on Saturday.  The lack of speed drew concern from Ban Ki-Moon, Secretary-General of the United Nations, calling for “both countries to make the necessary compromises…that will guarantee a peaceful and prosperous future for both nations.”  In response to Ban’s statement, Sudanese negotiator Sabir Hassan said that Khartoum was more than willing to make concessions, but the South’s emotional responses had made finding common ground difficult.

“If you give them two choices, they’ll choose the one that hurts the north, not the one that helps the south,” Hassan told the New York Times.  Of course, negotiators from the south think the same of the north, exasperating the problem.

Despite the agreement reached Friday, few expect true peace anytime soon.  Improvement is not anticipated, even with means of discussion now available.  To some, peace would be nothing short of a pipe dream.

“I, personally, expect full-fledged war,” said Mariam al-Sadiq al-Mahdi, a leading opposition politician in Khartoum, Sudan’s capital. “This is like the previews before a film.”

For more information, please see:

Al Jazeera — Sudan and S. Sudan Sign Non-Aggression Pact — 11 February 2012

BBC — Sudan and South Sudan Sign Peace Pact, Says Thabo Mbeki — 11 February 2012

Sudan — Khartoum and Juba Sign Non-Aggression Pact — 11 February 2012

New York Times — Sudans’ Oil Feud Risks Shattering a Fragile Peace — 10 February 2012