Transitional justice and amnesties

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

The reliance on and extent of amnesties following serious internal conflicts is one of the most controversial issues in transitional justice. The campaign against any form of impunity began in Latin America in the 1980s and took root within the United Nations and the wider human rights community in the 1990s. It is now widely claimed that any amnesty that includes international crimes is unlawful under customary international law. However, many of those involved in conflict resolution have questioned the validity and the practical value of these claims. This chapter sets out the pragmatic and legal arguments in favour of a more flexible approach to various forms of amnesty, drawing on the Belfast Guidelines on Amnesty and Accountability produced in 2013 by a group of 18 leading international lawyers and practitioners in the field. The underlying argument is that there are many different obligations under international law and practice, including the duties to find a way of ending serious conflict, to establish the truth of what happened and to prevent recurrence, and that it is often unhelpful to prioritize the duty to prosecute and punish those responsible for war crimes or serious human rights abuses.

Original languageEnglish
Title of host publicationResearch handbook on transitional justice
EditorsCheryl Lawther, Luke Moffett, Dov Jacobs
Place of PublicationCheltenham
PublisherEdward Elgar Publishing Ltd.
Chapter18
Pages358-376
ISBN (Electronic)9781781955314
ISBN (Print)9781781955307
DOIs
Publication statusPublished - 30 Jun 2017

Publication series

NameResearch Handbooks in International Law
PublisherEdward Elgar

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