any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such:
- killing members of the group;
- causing serious bodily or mental harm to members of the group;
- deliberately inflicting on the group conditions of life intended to bring about its physical destruction in whole or in part;
- imposing measures intended to prevent births within the group;
- forcibly transferring children of the group to another group...
The great Indian masses of the nation's highlands have heard themselves in the subversion's proclamations, with their banners of land scarcity and immense poverty, and due to the long years of consciousness raising, [these populations] see the Army as an invading enemy... The army considered that the "great Indian masses" of the highlands made up the social base of the guerrilla movement: Strong points... of the enemy.. its social base, resting on the Indian peasant.Montt went on to confirm this identification of the indigenous Ixil with elimination:
The guerrillas won over many Indian collaborators, therefore the Indians were subversives, right? And how do you fight subversion? Clearly, you had to kill Indians because they were collaborating with subversion...
To have a judge recuse herself because she is expert not only in genocide but also in the Guatemalan civil war is asinine given that the question at hand should not be whether or not genocide was committed. As historical records document, it clearly has. The issue is whether or not Montt ordered the systematic slaughter of an ethnic group he deemed to be collaborating with guerrilla fighters during the Guatemalan civil war. It is paramount for a member of the three-judge tribunal to be expert in matters relating to genocide so that emotion and rationality can be separated and the evidence and facts can be judged objectively. Removing justice Valdes for being educated in Guatemalan history and the crime of genocide is counterproductive for the healing of Guatemala. 14.5% of the Ixil population (and 14.6% of the Rabinal, 3.6% of the Huehuetenango, and 8.6% of the Zacualpa) was killed and a lack of judges knowledgeable on not only the actions carried out during the Guatemalan civil war but also the complex legalities on acts of genocide is a great miscarriage of justice.