Beyond bars: the potential of restorative justice for incarcerated youth gang members in post-conflict Guatemala

Abstract

Youth gang violence in Guatemala has emerged as one of the most pressing contemporary challenges regarding children in conflict with the law. Fueled by social exclusion, systemic inequities, and a cultural normalization of violence, the formation of these gangs represents a deficit within Guatemala’s juvenile justice system and post-conflict peacebuilding efforts. However, research on the justice system’s impact on gang-affiliated juveniles remains limited. The current punitive system has failed to curb violence and contributes to the perpetuation of crime and enduring instability, underscoring the need for transformation within the criminal justice system and society. Through a desk-based qualitative study grounded in critical legal and socio-legal analysis, this paper traces the development of retributive policies to historical structures of militarization, examining how present-day gang violence reflects the limitations of the post-conflict transitional process. By reviewing the detrimental impact of mano dura policies on incarcerated juveniles and the prison system’s role in reinforcing cycles of violence, this thesis argues for the viability of restorative approaches as a meaningful alternative. The findings that Guatemala holds potential for the successful integration of restorative justice and that the transitional process’s limitations have influenced contemporary violence and punitive policies carry significant implications for juvenile justice reform and for transitional engagements with embedded structural injustices. Key Words: Guatemala, Transitional Justice, Restorative Justice, Youth Gangs, Juvenile Justice, Cycle of Violence, Structural Violence