Guatemala, March 7, 2011. "When you arrived at your first day of law school, you were full of ideals, willing to fight against the world and face up to powerful individuals in the search to achieve justice. I ask that you maintain that way of thinking. You must know that you will be faced by a whole world of temptations, but you will achieve success and professional satisfaction if you fulfill your promise to work for justice."

With these words, Francisco Dall'Anese Ruiz, Head of the International Commission against Impunity in Guatemala (CICIG), closed an academic conference held in an auditorium of the Universidad de San Carlos (USAC) Law School, which was crowded with students for the occasion.

The event was held on March 3 as the first in a series of academic activities organized by the USAC university. At the event, the Commissioner spoke about state sovereignty, the mandate of the Commission, and also urged the student body to fight for justice in Guatemala.

State sovereignty
The Commissioner explained that the concept of sovereignty of States changed in the wake of the creation of the Rome Statute, which established a catalogue of crimes and proceedings to try persons of any nationality who have committed an offence defined therein.

"It is not true that CICIG is violating Guatemalan sovereignty, because it was created through an international instrument, which was legislated, agreed upon and constitutionally passed and incorporated into the country's legislation."

Francisco Dall´Anese Ruiz
CICIG Commissioner

"These individuals are brought before the International Criminal Court when States have failed to try them or, even after trying them, justice was not delivered. Therefore, the sovereignty of a State ends when it fails to conduct proceedings and also when justice is not delivered—this clearly reflects the international community's concern regarding impunity in States, untouchable groups and the mafia, which cause such harm to our societies," said the CICIG head.

He also said that justice is one of a State's main assets, which is applicable to each individual, giving all of us the opportunity to progress and enjoy a full life; justice is the only means of creating such equality for all.

The Commissioner believes impunity begins to prevail when people believe they are above the law, and equality ends when people believe laws only apply to some people. "The international community will no longer tolerate impunity, even though it implies States giving up their sovereignty and recognizing the authority of international organizations, in accordance with the Rome Statute," he said.

He said that CICIG is a special case, because Guatemala was yet to ratify the Statute or acknowledge that an international prosecution office or international criminal court could exist. "Guatemala asked the international community for a commission to investigate crimes, to participate in court proceedings, and to propose public policies and legislation to improve the justice system. The country then ratified the mandate and gave up part of its sovereignty in order to combat impunity," said the Commissioner.

In relation to this decision, the Commissioner said that when more bodies like CICIG exist or criminal prosecution becomes universalized, in the same manner currently being implemented by the Commission, Guatemala should receive acknowledgment. He also said that there was talk of creating a regional CICIG and that African and Asian countries were asking the United Nations for similar missions in their countries in order to fight impunity. "In this regard, we must be aware of how Guatemala changed the concept of sovereignty by requesting the establishment of CICIG."

Mandate
Regarding the mandate, the Commissioner said that it was an instrument with a force above that of the law: "It is not true that CICIG is violating Guatemalan sovereignty, because it was created through an international instrument, which was legislated, agreed upon and constitutionally passed and incorporated into the country's legislation."

He said CICIG's actions are subjected to Guatemalan law, judges and prosecutors. Therefore, it is not a main party in criminal proceedings, but it can participate in the drafting of laws and public policies as well as being authorized to participate in criminal proceedings as a complementary prosecutor.

He indicated that the Commission's mandate is restricted, because it was dependent upon donations of the international community in order to function. In addition to the aforementioned functions, the Commission also seeks to coordinate the State of Guatemala in the fight against crime: "Central American countries are being hit by this scourge, which we never imagined would be so strong, and it began in the wake of the twin towers attack in New York."

He said that the United States authorities, following this terrorist attack, strengthened border security. Therefore, organized crime changed its operation routes to transport drugs into the US. "In addition, the aggressive policy adopted by Colombia under former President Álvaro Uribe shifted drug trafficking crimes towards Central America and the Caribbean," he said.

He said that the excess of drugs that cannot enter the US is now being redirected to these two regions at lower prices, resulting in an increase in addicts, with implications for citizen security. There is also the issue of the laundering of drug money in Central America. "This implies bribes, paying off public officials so they turn a blind eye, allowing criminals to conduct (seemingly legal) businesses and thereby legalize their capital," he said.

In this regard, the Commissioner said that the State must implement seven building blocks in fighting organized crime. "A disorganized State is unable to tackle organized crime", said the Commissioner, quoting Italian judge, Giovanni Falcone (murdered by the mafia in Italy in 1992).