The Criminalization of Atrocities in Guatemala
This chapter traces the process of a single case of atrocity criminalization—Guatemala in 1973—to further verify the causal mechanisms of the book’s technocratic legal borrowing thesis. It formulates and tests a set of empirical predictions that speak to the observable implications of the theory’s causal mechanisms. Using a combination of primary sources, secondary sources, and elite interviews, it finds strong support for these predictions. First, the idea to include atrocity laws in the 1973 Guatemalan criminal code likely originated with its technocratic author, Gonzalo Menéndez de la Riva, and not with international organizations, civil society organizations, or government policymakers, as alternative theories would predict. Second, two types of influence likely shaped Menéndez de la Riva’s choices to include atrocity laws: (1) the emulation of other codes from the region that were highly regarded among his professional community, and (2) professional ideas about the importance of adopting national atrocity laws that spread to the region through prominent Latin American scholars linked to the International Association of Penal Law. Finally, the Guatemalan government likely approved these laws because they perceived them as low-stakes, technical features of a modernization project, and not because they intended them to appeal to international actors or the political opposition, as alternative theories would predict.