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Introduction. Gender violence marks the stigmata of sexual abuses, tortures and psychological traumas experienced by thousands of women all over the world, especially in Guatemala and Colombia. Objective. Make an analysis of the history, the consciousness and the disalienation of women as victims of the natural power legitimated by outlaw groups, and the women's struggle to proclaim the warranty of their constitutional rights in countries such as Guatemala and Colombia. Materials and methods. A qualitative research work with a hermeneutical-juridical focus was made. Results. These crimes against humanity and the violation of the human rights led to the application of a transactional justice in order to find the truth, the compensation and the commitment of not repeating the barbaric actions committed by rebel or DOI: 10.22507/rli.v13n2a4 outlaw groups. Conclusion. The analysis of gender violence covers a historical memory process in both countries that converges in the active participation of the state, in order to seek for public policies that improve the active participation of the citizens in the democratization processes to build peace. [ABSTRACT FROM AUTHOR]

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A well-established assumption among human rights defenders is that all victims of massive human rights violations want to see the perpetrators brought to court. This article, based upon multi-sited ethnographic field research among Maya Q'eqchi' victims and perpetrators in post-conflict Guatemala, analyzes the local and cultural understanding that indigenous survivors' have of the armed conflict as Well as their concepts of justice and reconciliation. It is argued that at the vernacular of indigenous communities' visions exists --embedded in their indigenous normative order and cosmovision-- that challenge and problematize the dominant paradigm of transitional justice. In fact, from Q'eqchi' point of view, impunity --as defined by international law-- is not the end of accountability nor truth, reparation or reconciliation. [ABSTRACT FROM AUTHOR]