Amnesties’ Challenge to the Global Accountability Norm? Interpreting Regional and International Trends in Amnesty Enactment

Research output: Chapter in Book/Report/Conference proceedingChapter

14 Citations (Scopus)

Abstract

It is widely acknowledged that during the last decades of the twentieth century, the engagement of states with international human rights norms underwent a significant transformation, triggering what has been called a “justice cascade”. In relation to amnesty laws, the justice cascade theory appears to suggest that, as the relevant human rights norms spread around the world, fewer amnesty laws that violate these norms will be enacted and where preexisting amnesty laws come into conflict with evolving norms, they will be eroded or annulled. However, the data collected to support the justice cascade does not document or explain the continued international use of amnesty laws highlighted by this author and other scholars. Drawing on the data compiled by the author in the Amnesty Law Database, this chapter will seek to address this gap by describing regional and global trends in amnesty law enactment and interpreting the existence of a global accountability norm in light of these trends. It will begin by discussing how “mapping” amnesty laws through a large-N comparative study can contribute to transitional justice knowledge. It will then briefly outline how the concept of amnesties has been defined within the Amnesty Law Database and describe the data categorization and collection processes used to construct this database. In the following section, the findings from the database will be used to present an overview of regional and international trends in amnesty law enactment from 1979 to 2011. This section will focus in particular on the period since the Rome Statute in 1998, often pointed to as a watershed event in the development of a global accountability norm. In the final section, the chapter will interpret the implications of these trends on the existence of such a cascade.
LanguageEnglish
Title of host publicationAmnesty in the Age of Human Rights Accountability: Comparative and International Perspectives
EditorsFrancesca Lessa, Leigh A. Payne
Place of PublicationNew York
PublisherCambridge University Press
Pages69-96
ISBN (Print)978-1107025004
Publication statusPublished - 17 May 2012

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amnesty
responsibility
Law
trend
justice
human rights
statute
twentieth century

Keywords

  • amnesty
  • accountability
  • transitional justice

Cite this

Mallinder, L. (2012). Amnesties’ Challenge to the Global Accountability Norm? Interpreting Regional and International Trends in Amnesty Enactment. In F. Lessa, & L. A. Payne (Eds.), Amnesty in the Age of Human Rights Accountability: Comparative and International Perspectives (pp. 69-96). New York: Cambridge University Press.
Mallinder, Louise. / Amnesties’ Challenge to the Global Accountability Norm? Interpreting Regional and International Trends in Amnesty Enactment. Amnesty in the Age of Human Rights Accountability: Comparative and International Perspectives. editor / Francesca Lessa ; Leigh A. Payne. New York : Cambridge University Press, 2012. pp. 69-96
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Mallinder, L 2012, Amnesties’ Challenge to the Global Accountability Norm? Interpreting Regional and International Trends in Amnesty Enactment. in F Lessa & LA Payne (eds), Amnesty in the Age of Human Rights Accountability: Comparative and International Perspectives. Cambridge University Press, New York, pp. 69-96.

Amnesties’ Challenge to the Global Accountability Norm? Interpreting Regional and International Trends in Amnesty Enactment. / Mallinder, Louise.

Amnesty in the Age of Human Rights Accountability: Comparative and International Perspectives. ed. / Francesca Lessa; Leigh A. Payne. New York : Cambridge University Press, 2012. p. 69-96.

Research output: Chapter in Book/Report/Conference proceedingChapter

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Mallinder L. Amnesties’ Challenge to the Global Accountability Norm? Interpreting Regional and International Trends in Amnesty Enactment. In Lessa F, Payne LA, editors, Amnesty in the Age of Human Rights Accountability: Comparative and International Perspectives. New York: Cambridge University Press. 2012. p. 69-96