After much legal wrangling, the trial of former Guatemalan general Efraín Ríos Montt has resumed and is entering its final stages. Yesterday, Ríos Montt himself finally spoke before the court, in general proclaiming his innocence. The slightly longer version – he saved the country and that, even if there were genocide (which he insisted there wasn’t, in spite of very strong arguments otherwise), the head of state can’t be responsible for the actions of the armed forces under his administration and that the chain of command only goes so high (in other words, “the buck stops somewhere below me”). Suffice to say, the arguments were full of logical fallacies, both individually and collectively, and a rich history of human rights prosecutions dating back to the Nuremberg trials and up through human rights trials in South America have created legal and philosophical frameworks through which leaders can be (and have been) found guilty. Indeed, in terms of discourse and structure, Ríos Montt’s arguments were not dissimilar to those that Alberto Fujimori’s defense team made (denying responsibility, passing the buck to his subordinates, saying heads of state can’t be guilty of governing) – and that defense did not work in Fujimori’s case, either. That’s not to say that the Guatemalan court is going to find Ríos Montt guilty, but his defense certainly did little to demonstrate his innocence or exculpate him for genocide or human rights violations.
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