Guatemala, die Amnestiefrage und das Inter-Amerikanische Menschenrechtssystem: Implikationen für den Kampf gegen die Straflosigkeit

Abstract

This article explores the recent setback in Guatemala’s fight against impunity triggered by the introduction of amnesty bill 5377 and the role of the Inter-American Human Rights System (IAHRS) in stemming the tide of impunity. Both the Inter-American Commission and Court have rejected amnesties for international crimes as a matter of principle; the Inter-American Court has even gone as far as invalidating domestic amnesty laws considered to be incompatible with the American Convention on Human Rights. This contribution adopts a subsidiarity perspective, which posits that an assessment of the legitimacy of IAHRS interference into Guatemalan affairs should be based on the principle of normative individualism. This means that lower-level units can claim the right to non-interference only as long as they respect basic human rights. This rights-based interpretation of subsidiarity legitimises the IAHRS’ involvement in the controversy surrounding bill 5377.