Amnesties in the Pursuit of Reconciliation, Peacebuilding, and Restorative Justice

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

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.
LanguageEnglish
Title of host publicationRestorative Justice, Reconciliation, and Peacebuilding
EditorsJennifer Llewellyn, Daniel Philpott
Chapter6
Pages138-173
DOIs
Publication statusPublished - 2014

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amnesty
reconciliation
justice
Law
reparations
Uganda
Indonesia
peace

Keywords

  • transitional justice
  • restorative justice
  • reconciliation
  • peacebuilding
  • amnesties

Cite this

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) https://doi.org/10.1093/acprof:oso/9780199364862.003.0006
Mallinder, Louise. / Amnesties in the Pursuit of Reconciliation, Peacebuilding, and Restorative Justice. Restorative Justice, Reconciliation, and Peacebuilding. editor / Jennifer Llewellyn ; Daniel Philpott. 2014. pp. 138-173
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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. https://doi.org/10.1093/acprof:oso/9780199364862.003.0006

Amnesties in the Pursuit of Reconciliation, Peacebuilding, and Restorative Justice. / Mallinder, Louise.

Restorative Justice, Reconciliation, and Peacebuilding. ed. / Jennifer Llewellyn; Daniel Philpott. 2014. p. 138-173.

Research output: Chapter in Book/Report/Conference proceedingChapter

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Mallinder L. Amnesties in the Pursuit of Reconciliation, Peacebuilding, and Restorative Justice. In Llewellyn J, Philpott D, editors, Restorative Justice, Reconciliation, and Peacebuilding. 2014. p. 138-173 https://doi.org/10.1093/acprof:oso/9780199364862.003.0006