Transcript of Clip: Yates: What would you say to the charges that the army is massacring peasants in the highlands? President Montt: I would say I believe in freedom of thought. Yates: Is there repression by the army? President Montt: There is no repression by the army. Our strength is in our ability FILMING to make command decisions. That’s the most important thing. The army is ready and able to act, because if I can’t control the army, what am I doing here? In this clip, President Montt admits everything the lawyers need to prove. That is, he had “effective” command and “knowledge” (to be discussed next!). After watching Yates’ interview with President Montt, the prosecuting attorney explains how Montt’s statements demonstrate that, “[H]e controls the entire army. He gives orders and everybody follows. That he knows exactly at all times what the army is doing. And that if he’s not able to control the army, what kind of commander is he?” The legal term for this type of evidence is “prima facie” evidence, because it is direct proof of two of the three elements of command responsibility: i) effective command; and ii) knowledge. The lawyers still had to prove the third element, failure to act, and corroborate his interview with other evidence. In non-legal terms this is “smoking gun” evidence. At trial, this video clip served a key piece of evidence assisting the prosecution in proving President Montt had effective command and control over his military forces and he knew what they were up to. TAKE HOME POINTS We can learn a number of lessons from this story. First, preserve valuable footage as it can be useful years — if not decades — later. Second, while footage of the commission of crimes is certainly valuable, footage that helps FOR MORE INFORMATION Skylight Pictures produced a 23-episode short film series that takes you inside the courtroom to watch Ríos Montt stand trial for genocide and crimes against humanity in Guatemala. To preview some of the episodes of this historic trial, visit Dictator in the Dock: Genocide on Trial in Guatemala us figure out “Who” committed the crime and “How” they did it can be even more critical. Third, linkage evidence won’t often be the footage that makes the nightly news, but it can be invaluable none-the-less. Finally, as the media landscape continues to evolve, some leaders may be more cautious about publicly boasting, while others may utilize video or social media to share their “successes”. So, whether it’s using footage shot by you or an ally, or finding a telling video on Facebook or Twitter, it’s important for activists and investigators to explore various platforms that might lead to clues that link remote commanders to crimes. 123 VIDEO AS EVIDENCE: PROVING RESPONSIBILITY V 1.0