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permissible scope. Most importantly, amnesties that prevent the prosecution of individuals who may be legally responsible for war crimes, genocide, crimes against humanity and other gross violations of human rights are inconsistent with States’ obligations under various sources of international law as well as with United Nations policy.
- 1 Overcoming ‘Prior Amnesties’
- 2 Limits on Dealing with The Past Through Amnesties
- 3 Use of Amnesty as A Transitional Justice Option
In many countries, the process of dealing with the past goes hand in hand with a legal debate about the validity of self-amnesties decreed by the previous regime. In Peru, for example,Footnote 16 the blanket and self-amnesty laws adopted under Alberto Fujimori were initially seen as an obstacle to prosecution by the national prosecutor’s office. Re...
To this day, however, in countries such as Brazil,Footnote 22 Ghana,Footnote 23 and Spain,Footnote 24legal exemptions from punishment for former leaders act as limits on prosecution for crimes committed under the respective military dictatorships. The legality of these amnesty laws was affirmed by the highest courts in these countries following the...
In other countries, amnesties are not the legacy of dictatorships that have been overcome, but rather key elements in the transitional justice process. After fascist dictatorship, civil war, and an intensive, if short-lived, effort to prosecute fascist crimes,Footnote 27 for example, post-fascist Italy adopted the Togliatti Amnesty of 1946Footnote ...
Jun 2, 2023 · Although international law does not clearly prohibit the use of amnesties (Clark 2018, 190), amnesties have been the matter of continuous criticism: Critics argue that amnesties are in violation of international law and contribute to further violence and reproduce impunity (Thoms, Ron, and Paris 2008, 25; Skaar, Gianella Malca, and Trine 2015, 13). Yet, particularly in local communities or at ...
Summary. At the beginning of this volume, Kathryn Sikkink argues that the justice cascade is the product of separate streams that converge to form an international norm of accountability. She points out that there is a particularly “strong accountability stream” coming from Latin America, focused on domestic prosecutions for past human ...
- Emily Braid, Naomi Roht-Arriaza
- 2012
Feb 11, 2014 · amnesties that the preclude investigation and prosecution of war crimes. This case (as well as others mentioned above) illustrates that the right balance must be struck between the pursuit of peace and ensuring accountability. Resulting limitations on amnesties for war crimes . As noted above, amnesties, or any other measures14that
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In Indonesia, unlike the other cases discussed in this volume, efforts to introduce formal amnesties for perpetrators of gross human rights violations have not succeeded. But the purpose that such amnesties have served elsewhere – to protect those responsible for mass human rights violations and suppress the truth about the past – has been achieved.
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May 27, 2008 · Footnote 20 The emphasis on the official nature of amnesty is intended to make a rough distinction (which inevitably will get messier in individual cases) between official acts of government as de jure amnesties, on one side, and on the other the large range of de facto amnesties covered, say, under prosecutorial discretion, or an inefficient or corrupt criminal justice system, or legislation ...
