MEXICO AND GUATEMALA: Contrasts in Prosecuting Grand Corruption

Mexico and Guatemala offer important lessons for a future International Anti-Corruption Court. Mexico¿s Constitution and freedom of information law have been models for Latin America. Mexico has signed every applicable anti-corruption agreement and enacted anti-corruption legislation, culminating in the creation of the National Anti-Corruption System in 2015. But these laws are typically not enforced, especially against the powerful, and the National Anti-Corruption System has been largely captured by political interests. Grand corruption impunity is widespread in Mexico, leaving the United States to act as a court of last resort. In Guatemala, in the aftermath of a protracted civil war, the U.N.-sponsored organization CICIG successfully promoted anti-corruption laws, prosecuted criminal and corrupt networks, and built public trust in the judicial system. The CICIG participated in the prosecutions of two former presidents; a vice president; and numerous mayors, members of congress, and business leaders involved in cases of corruption. In the process, however, a united front emerged, determined to recapture the judicial system and undermine the CICIG. Thus, these two countries demonstrate the need for an IACC, the potential impact of an IACC, and some strategic considerations. © 2025 selection and editorial matter, Robert I. Rotberg and Fen Osler Hampson.

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