Military Justice and Impunity in Mexico's Drug War


Book Description

Mexican President Felipe Calderón's military deployment to combat the country's war on drugs has been strongly criticized by international human rights groups. During Calderón's administration, over 47,337 people have been killed and thousands of human rights complaints have been filed against the military. The Inter-American Court of Human Rights (IACtHR) has issued several binding rulings that obligate Mexico to strip the military of its jurisdiction to investigate and try soldiers accused of violating civilians' human rights. On July 12, 2011, Mexico's Supreme Court ruled that Congress must reform the Code of Military Justice so that human rights abuse cases always fall under civilian jurisdiction.




Military Justice and Impunity in Mexico's Drug War


Book Description

Mexican President Felipe Calderón's military deployment to combat the country's war on drugs has been strongly criticized by international human rights groups. During Calderón's administration, over 47,337 people have been killed and thousands of human rights complaints have been filed against the military. The Inter-American Court of Human Rights (IACtHR) has issued several binding rulings that obligate Mexico to strip the military of its jurisdiction to investigate and try soldiers accused of violating civilians' human rights. On July 12, 2011, Mexico's Supreme Court ruled that Congress must reform the Code of Military Justice so that human rights abuse cases always fall under civilian jurisdiction. The Arce Initiative, brought forward by Senator René Arce from Mexico's opposition party, is the only proposed reform that complies with the IACtHR rulings and international human rights law. The Merida Initiative, a US aid package designed to assist in the fight against the war on drugs, places too much emphasis on the military and law enforcement, and needs to be revised. Civilian rule of law in Mexico can be strengthened by donor governments who are willing to help implement measures to increase transparency, combat corruption and rampant human rights abuses, and ease the transition to an accusatorial oral justice system.




Beyond the Drug War in Mexico


Book Description

This volume aims to go beyond the study of developments within Mexico’s criminal world and their relationship with the state and law enforcement. It focuses instead on the nature and consequences of what we call the ‘totalization of the drug war’, and its projection on other domains which are key to understanding the nature of Mexican democracy. The volume brings together chapters written by distinguished scholars from Mexico and elsewhere who deal with three major questions: what are the main features of and forces behind the persistent militarization of the drug war in Mexico, and what are the main consequences for human rights and the rule of law; what are the consequences of these developments on the public sphere and, more specifically, on the functioning of the press and freedom of expression; and how do ordinary people engage with the effects of violence and insecurity within their communities, and which initiatives and practices of ‘justice from below’ do they develop to counter an increased sense of vulnerability, suffering and impunity?




The Drug War in Mexico


Book Description

The drug war in Mexico has caused some U.S. analysts to view Mexico as a failed or failing state. While these fears are exaggerated, the problems of widespread crime and violence, government corruption, and inadequate access to justice pose grave challenges for the Mexican state. The Obama administration has therefore affirmed its commitment to assist Mexico through continued bilateral collaboration, funding for judicial and security sector reform, and building "resilient communities."David A. Shirk analyzes the drug war in Mexico, explores Mexico's capacities and limitations, examines the factors that have undermined effective state performance, assesses the prospects for U.S. support to strengthen critical state institutions, and offers recommendations for reducing the potential of state failure. He argues that the United States should help Mexico address its pressing crime and corruption problems by going beyond traditional programs to strengthen the country's judicial and security sector capacity and help it build stronger political institutions, a more robust economy, and a thriving civil society.




Uniform Impunity


Book Description

It tolerates the military investigating itself through a system that lacks basic safeguards to ensure independence and impartiality. This report describes 17 cases involving egregious crimes by soldiers against more than 70 victims, including several cases from 2007 and 2008. None of the military investigations of army abuses analyzed here has led to a criminal conviction of even a single soldier for human rights violations. A civilian investigation was conducted in one of the cases and led to the conviction of four soldiers. The military invokes the Code of Military Justice and a strained constitutional interpretation to justify exerting jurisdiction over the cases. Civilian prosecutors have typically accepted the military's jurisdiction grab. But this outcome is not prescribed by Mexico's Constitution and is inconsistent with a recent binding Supreme Court decision.




To Die in Mexico


Book Description

Mexico is in a state of siege. Since President Felipe Calderon declared a war on drugs in December 2006, more than 38,000 Mexican have been murdered. During the same period, drug money has infused over $130 billion into Mexico's economy, now the country's single largest source of income. Corruption and graft infiltrate all levels of government. Entire towns have become ungovernable, and of every 100 people killed, Mexican police now only investigate approximately five. But the market is booming: In 2009, more people in the United States bought recreational drugs than ever before. In 2009, the United Nations reported that some $350 billion in drug money had been successfully laundered into the global banking system the prior year, saving it from collapse. How does an "extra" $350 billion in the global economy affect the murder rate in Mexico? To get the story and connect the dogs, acclaimed journalist John Gibler travels across Mexico and slips behind the frontlines to talk with people who live in towns under assault: newspaper reporters and crime-beat photographers, funeral parlor workers, convicted drug traffickers, government officials, cab drivers and others who find themselves living on the lawless frontiers of the drug war. Gibler tells hair-raising stories of wild street battles, kidnappings, narrow escapes, politicians on the take, and the ordinary people who fight for justice as they seek solutions to the crisis that is tearing Mexico apart. Fast-paced and urgent, To Die in Mexico is an extraordinary look inside the raging drug war, and its global implications. John Gibler is a writer based in Mexico and California, the author of Mexico Unconquered: Chronicles of Power and Revolt (City Lights Books, 2009) and a contributor to País de muertos: Crónicas contra la impunidad (Random House Mondadori, 2011). He is a correspondent for KPFA in San Francisco and has published in magazines in the United States and Mexico, including Left Turn, Z Magazine, Earth Island Journal, ColorLines, Race, Poverty, the Environment Fifth Estate, New Politics, In These Times, Yes! Magazine, Contralínea and Milenio Semanal. "Gibler's front-line reportage coupled with first-rate analysis gives an uncommonly vivid and nuanced picture of a society riddled and enervated by corruption, shootouts, and raids, where murder is the 'most popular method of conflict resolution.' . . . At great personal risk, the author unearths stories the mainstream media doesn't—or is it too afraid—to cover, and gives voice to those who have been silenced or whose stories have been forgotten."—Publishers Weekly, starred review "Gibler argues passionately to undercut this 'case study in failure.' The drug barons are only getting richer, the murders mount and the police and military repression expand as 'illegality increases the value of the commodity.' With legality, both U.S. and Mexican society could address real issues of substance abuse through education and public-health initiatives. A visceral, immediate and reasonable argument."—Kirkus Reviews "Gibler provides a fascinating and detailed insight into the history of both drug use in the US and the 'war on drugs' unleashed by Ronald Reagan through the very plausible—but radical—lens of social control. . . . Throughout this short but powerful book, Gibler accompanies journalists riding the grim carousel of death on Mexico's streets, exploring the realities of a profession under siege in states such as Sinaloa and just how they cover the drugs war."—Gavin O’Toole, The Latin American Review of Books




Mexico


Book Description

Amnesty International is receiving increasing allegations of serious human rights violations, such as enforced disappearance, extrajudicial executions and other unlawful killings, torture and other ill-treatment, and arbitrary detention, being committed by members of the Mexican military. The cases documented in this report show that both civilian and military authorities frequently fail to investigate these reports in a prompt, impartial and effective manner. The military justice system continues to investigate and try military personnel accused of human rights violations. The lack of independence and impartiality in the military justice system denies victims and their relatives access to justice and is a key obstacle to ending impunity for human rights violations. This report examines five separate cases, in which a total of 35 people reported that members of the Mexican military had committed serious human rights violations between October 2008 and August 2009. The report also refers to public information which indicates that human rights complaints filed against the military are increasing. Reports of human rights violations by the military are occurring in the context of military law enforcement activities against powerful drug cartels and organized crime. Law enforcement duties in such situations are difficult and dangerous. Nevertheless, crime cannot be fought with crime. Neither should the severity of a crisis become justification for the use of illegal methods or a pretext for turning a blind eye when abuses are committed. Amnesty International hopes this report and its recommendations will help the Mexican government address this pattern of serious human rights violations swiftly and effectively.




Is The Mexican Narco-Violence An Insurgency?


Book Description

Since Mexican President Felipe Calderón declared war on the drug cartels in Dec. 2006, more than 35,000 Mexicans have died due to narco-violence. This monograph examines whether the various Mexican drug trafficking organizations are insurgents or organized criminal elements. Mexican narco-violence and its affiliated gang violence have spread across Mexico’s southern border into Guatemala, Honduras, and El Salvador. Additionally, the narco-violence is already responsible for the deaths of American citizens on both sides of the U.S.-Mexico border, and the potential for increased spillover violence is a major concern. This monograph argues that the Mexican drug cartels are transnational criminal organizations (TCOs) that pose a national security threat to the regional state actors; however, they are not an insurgency for four reasons. First, none of the cartels have the political aim or capability to overthrow the Mexican government. Second, the various TCOs are competing criminal organizations with approximately 90 percent of the violence being cartel on cartel. For example, the violence in the city of Juárez is largely the result of the fighting between the local Juárez cartel and the Sinaloa cartel for control of one of the primary smuggling routes into the U.S.. Third, the cartels’ use of violence and coercion has turned popular support against them thus denying them legitimacy. Fourth, although the cartels do control zones of impunity within their areas of influence, the Mexican government has captured, killed, and extradited kingpins from every major TCO.




Crime and Impunity


Book Description

Across Latin America, the emergence of criminal conflict has become a primary security concern. In Mexico, the focus of this dissertation, the federal government deployed the military to enforce the law, but countries across Latin America have seen the emergence and entrenchment of criminal groups organized around the drug trade. This dissertation will explore three interrelated topics. First, it will examine the effect of this conflict on constraints on the government's security forces and examine a sweeping institutional reform that succeeded in limiting these abuses. Second, it will explore the relationship between this conflict and local state capacity. Third, it will explore the ways that cartels build up their own capacity to control their agents and deter rivals.




Votes, Drugs, and Violence


Book Description

One of the most surprising developments in Mexico's transition to democracy is the outbreak of criminal wars and large-scale criminal violence. Why did Mexican drug cartels go to war as the country transitioned away from one-party rule? And why have criminal wars proliferated as democracy has consolidated and elections have become more competitive subnationally? In Votes, Drugs, and Violence, Guillermo Trejo and Sandra Ley develop a political theory of criminal violence in weak democracies that elucidates how democratic politics and the fragmentation of power fundamentally shape cartels' incentives for war and peace. Drawing on in-depth case studies and statistical analysis spanning more than two decades and multiple levels of government, Trejo and Ley show that electoral competition and partisan conflict were key drivers of the outbreak of Mexico's crime wars, the intensification of violence, and the expansion of war and violence to the spheres of local politics and civil society.