61. Indeed, the massacre of los Josefinos occurred in a context of approximately 626 massacres of civilians committed by State forces during the internal armed conflict. As was mentioned in the section on context, those massacres were carried out as part of a State counterinsurgency policy designed to eradicate the enemy within, who included anyone actually or presumed to be opposed to the government. Accordingly, the acts were consistent with gross violations of Article 3 common to the four Geneva Conventions, 160 since they were committed in the context of an armed conflict not of an international character against persons taking no active part in the hostilities. The State of Guatemala breached its duty to provide minimum protection under international humanitarian law, particularly by ignoring the principle of distinction. At the same time, those acts were committed as part of a generalized and systematic attack on the civilian population, knowingly, and in keeping with a State policy of committing attacks of that nature. Therefore, without undertaking an analysis of individual criminal responsibility that lies outside its competence, there are sufficient elements to conclude that the violations of human rights recognized in the Convention that were committed during the massacre are peculiarly egregious inasmuch as they simultaneously constitute war crimes and crimes against humanity. 62. It is necessary to note for the record that, while two of the extrajudicial executions are attributable not to agents of the state, but to guerillas, they were committed against civilians whom the Army had put in a situation of real and present risk by making them cooperate with it as part of its counterinsurgency strategy. That real and present risk existed at the moment of the massacre; therefore, those killings are also attributable to the State. 63. By virtue of the foregoing, the Commission concludes that the State of Guatemala violated the right to life, the right to humane treatment, and its duty to provide special protection to children. The foregoing is in accordance with Articles 4 (1), 5 (1), 5 (2), and 19 of the American Convention, in conjunction with Article 1 (1) thereof, to the detriment of the persons indicated in the Consolidated Annex on victims to this report on merits. B. The alleged forced disappearances initiated during the massacre. Rights to juridical personality,161 life, humane treatment, and personal liberty162 64. The case law of the Court is consistent in finding that forced disappearance of persons: constitutes an illegal act that gives rise to a multiple and continuing violation of several rights protected by the American Convention and places the victim in a state of complete defenselessness, giving rise to other related crimes. The State’s international responsibility is increased when the disappearance forms part of a systematic pattern or practice applied The pertinent portions of Article 3 common to the four Geneva Conventions of August 12, 1949, establish as follows: “Article 3. Conflicts Not of an International Nature. 1. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture.” Guatemala ratified the 1949 Geneva Conventions on May 14, 1952. 161 The pertinent portions of Article 7 of the American Convention provide: “Article 7. Right to personal liberty 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him. 5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial. 6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies.” 162 Article 3 of the American Convention provides: “Article 3. Right to Juridical Personality. Every person has the right to recognition as a person before the law.” 160 18