Generals in the Spotlight: The Path Toward Mexican Military Justice Reform

• In Event: Crime and Violence, Civil-Military Relations, and Democracy in Mexico

Abstract

How can democratic states ensure that militarization of public security is accompanied by accountability when soldiers commit rights abuses or other illegal acts? The saga of military justice reform in Mexico illustrates the cross-pressures facing governments when they deploy soldiers to combat organized crime. On the one hand, institutional imperatives prompt the military to lobby for a clear legal framework and a broad scope for the military justice system. On the other hand, the rights abuses that often accompany militarization result in pressure by civil society groups, foreign governments, and supranational organizations to align domestic and international law by prosecuting rights violations in civilian courts. After decades of nearly complete legal autonomy, efforts to alter Mexico’s military justice regime accelerated after the militarization policy implemented by Felipe Calderon in 2006. Due in part to military resistance, the Calderon administration’s reform initiatives failed. However, a potentially momentous reform was swiftly approved in 2014 following an initiative by the Enrique Peña Nieto administration. What changed, and what does the process reveal about Mexican civil-military relations? This paper suggests that the impetus for successful reform reflects a combination of international pressure and a heightening of legal contradictions within Mexico. In addition, the military’s inability to maintain its preferred policies is a manifestation of the country’s unusually persistent combination of subordination to civilian leaders and high internal autonomy. This research has implications for questions related to militarization and the interaction of rights activism with path dependent aspects of civil-military relations.

Author

• Jacob Dizard, University of Texas at Austin