For centuries, amnesty laws were a habitual element of peacebuilding and reconciliation around the world. However, from the late 1990s, reliance on amnesty laws to promote peace and reconciliation has become increasingly controversial. Drawing on restorative justice theory and the experiences of amnesty processes in Timor-Leste, South Africa, and Uganda, this paper tentatively proposes elements that should be considered when designing a “restorative amnesty.” This analysis will include addressing how amnesty laws can facilitate inclusive restorative processes, promote truth recovery, enforce restorative outcomes, and provide reparations. However, due to the context-dependent nature of restorative justice, these proposals should not be viewed as a template to which all amnesties should conform, but rather as themes to be considered when tailoring bespoke amnesty laws for local contexts.
|Title of host publication||Restorative Justice, Reconciliation, and Peacebuilding|
|Editors||Jennifer Llewellyn, Daniel Philpott|
|Publisher||Oxford University Press|
|Publication status||Published - 2014|
- transitional justice
- restorative justice
Mallinder, L. (2014). Amnesties in the Pursuit of Reconciliation, Peacebuilding, and Restorative Justice. In J. Llewellyn, & D. Philpott (Eds.), Restorative Justice, Reconciliation, and Peacebuilding (pp. 138-173). Oxford University Press. https://doi.org/10.1093/acprof:oso/9780199364862.003.0006