Exploring the practice of states in introducing amnesties

Louise Mallinder*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapter

6 Citations (Scopus)

Abstract

Although amnesty laws have ancient origins, today their use as political tools increasingly triggers protest from human rights activists, who argue that amnesties for serious violations of human rights are prohibited under customary international law. These claims will be assessed in this chapter through a systematic cross-country analysis of amnesties since the Second World War. This chapter will use the Amnesty Law Database, which was created by the author, to explore state practice and place considerations of the legal framework against impunity within a factual context. It will highlight patterns in state practice such as the relationship between amnesties and truth commissions, and explore whether states are moving away from granting amnesty for crimes under international law. This chapter will argue that there is a wide disparity in state practice relating to the types of amnesty laws introduced, with some aiming to provide victims with a remedy, whereas others aim to create complete impunity for perpetrators. The chapter will argue that this disparity indicates that amnesties can be tailored to meet specific strategic and legal objectives. It will conclude by assessing the impact of the relationship between the different forms of amnesty and reconciliation.

Original languageEnglish
Title of host publicationBuilding a Future on Peace and Justice
Subtitle of host publicationStudies on Transitional Justice, Peace and Development The Nuremberg Declaration on Peace and Justice
PublisherSpringer Berlin Heidelberg
Pages127-171
Number of pages45
ISBN (Print)9783540857532
DOIs
Publication statusPublished - 01 Dec 2009

ASJC Scopus subject areas

  • Social Sciences(all)
  • Arts and Humanities(all)

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