The Inter-Relationship Between the Guatemalan Commission for Historical Clarification and the Search for Justice in National Courts

Abstract

In exploring how truth commissions and criminal justice can and should complement one another, we should investigate not only the technical problems arising from the simultaneous operation of truth seeking programs and prosecutions but also what this complementarity implies for the wider debate surrounding truth and justice as responses to massive human rights abuse. The automatic assumption that truth-seeking and/or criminal prosecutions are necessary in every transition to democracy is to be avoided. In situations where they are likely to bring benefits, it is essential that their distinct roles be preserved and their limitations appreciated. Analysing how truth-seeking and criminal trials can complement one another should also spark more discussion about their relationship to other equally important post-conflict responses.