Transitional Justice without the Transitional State?

“Actoras de Cambio” in Post-War Guatemala

Abstract

Processes of transitional justice aim to address the aftermath of war, genocide, and other gross human rights violations by establishing mechanisms that promote accountability, reconciliation, and the restoration of societal trust, facilitating societal healing and recovery. Traditionally, transitional justice mechanisms have been state-centric, relying on the capacity and will of states for their implementation. In fragile states—characterized by weak authority, capacity, and legitimacy—this approach often leads to an “implementation gap”, where policies are designed but not enacted. This study explores the extent to which civil society can fill this gap. Focusing on Actoras de Cambio, a civil society organization in post-war Guatemala, this research aims to assess how civil society operates within this state-centric framework, evaluating its ability to fulfil the five pillars of transitional justice: truth-seeking, justice, reparation, memorialization, and guarantees of non-recurrence. The study's findings suggest that, in the aftermath of the war in Guatemala, civil society effectively played a substantial role in addressing truth-seeking, memorialization, and psycho-social reparation, but faced limitations in delivering justice and guarantees of non-recurrence, areas requiring broader legal and structural reforms. These results underscore the importance of a synergistic approach between the state and civil society in transitional justice processes, particularly in fragile states and post-conflict settings. This research advocates for a more inclusive and holistic transitional justice framework, recognizing the critical role of civil society in fragile states and informing more tailored international responses to mass atrocities.