11
the facts that occurred prior to the recognition of its jurisdiction and has ruled on the violations
that occurred in that regard, the States concerned expressly or tacitly granted the Court their
consent to do so. 12
24. Consequently, the Court considers that in the instant case it does not have jurisdiction
ratione temporis to declare violations of the American Convention for the arbitrary detentions,
torture, extrajudicial executions, rape and other forms of sexual violence, forced labor and
destruction and theft of property allegedly committed between 1981 and 1986 to the detriment
of the Maya Achí indigenous populations of Chichupac village and neighboring communities, on
which the State is correct. However, the State is not correct in relation to the continuous or
permanent consequences of these acts, whether they are instantaneous or permanent crimes
under domestic criminal law. Regardless of the domestic criminal definition, what is continuous
is the violation of the Convention that continues to be committed to this day, since the infraction
before this Court is one of current international law, given that it does not criminally prosecute
officials, but rather the State for violations of the Convention. 13 In that sense, the State is
mistaken in challenging the Court’s jurisdiction with respect to the alleged forced disappearance
and the alleged failure of the State to implement guarantees of return or voluntary resettlement
in favor of those persons who remained displaced after March 9, 1987, the date on which the
State recognized the Court’s jurisdiction, as well as with respect to its alleged failure to
investigate serious human rights violations, and therefore, also with respect to reparations for
the facts. In view of the foregoing, this Court partially accepts the preliminary objection of lack
of jurisdiction ratione temporis.
B. Objection regarding lack of jurisdiction ratione materiae
25. The State filed an objection regarding lack of jurisdiction ratione materiae based on four
arguments: 1) the Court’s alleged lack of jurisdiction to hear alleged violations of the InterAmerican Convention on Forced Disappearance of Persons (ICFDP) and the Inter-American
Convention on the Prevention, Punishment and Eradication of Violence Against Women
(“Convention of Belém do Pará”); 2) the Court’s alleged lack of jurisdiction to determine the
commission of crimes; 3) the Court’s alleged lack of criminal jurisdiction to rule on whether or
not genocide occurred, as well as to rule on a violation of the Convention on the Prevention and
Punishment of the Crime of Genocide; and 4) the Court’s alleged lack of jurisdiction to decree
the invalidity of the amnesty. The Court will now analyze the arguments presented by the State.
Argument 3) will be analyzed, as appropriate, together with arguments 1) and 2).
B.1. Alleged lack of jurisdiction of the Court to hear alleged violations of the ICFDP, the
Convention of Belém do Pará and the Convention on the Prevention and Punishment of
the Crime of Genocide
B.1.1. Arguments of the Commission and of the parties
26. The State indicated that “the Court lacks jurisdiction to examine alleged violations of the
[ICFDP], and of the Convention of Belém do Pará, since Guatemala has not recognized its
Cf. Case of Ticona Estrada et al. v. Bolivia. Preliminary objections, merits, reparations and costs. Judgment of
November 27, 2008. Series C No. 191, para. 30; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, reparations
and costs. Judgment of September 1, 2010. Series C No. 217, para. 22; Case of Gudiel Álvarez et al. ("Diario Militar")
v. Guatemala. Merits, reparations and costs. Judgment of November 20, 2012. Series C No. 253, para. 32 and Case of
García and Family v. Guatemala. Preliminary objections, merits, reparations and costs. Judgment of November 29, 2012.
Series C No. 258, para. 27. See also, Case of Massacres of El Mozote and Nearby Places v. El Salvador. Merits, reparations
and costs. Judgment of October 25, 2012. Series C No. 252, para. 30, and Case of González Medina and Family v.
Dominican Republic. Preliminary objections, merits, reparations and costs. Judgment of February 27, 2012. Series C No.
240, para. 192.
13
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 134,
and Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C No. 39,
para. 44.
12