Can Amnesties and International Justice be Reconciled?

Research output: Contribution to journalArticle

Abstract

When states are attempting to recover from periods of serious human rights abuse, they often must try to reconcile the competing demands of different stakeholders. These demands may range from claims that complete impunity is a necessary sacrifice to achieve peace, to the belief that without justice no meaningful peace can be reached. This paper will attempt to highlight the ways in which international courts and quasi-judicial bodies address the dilemma of peace versus justice, in relation to amnesty laws. The discussion will consider the main international standards on impunity, the international jurisprudence relating to amnesties and whether international courts should recognize amnesties that are accompanied by alternative forms of justice. This paper will argue that international courts should recognize amnesties that are introduced with democratic approval to promote peace and reconciliation, provided that they are accompanied by mechanisms to fulfil the victims' rights.
LanguageEnglish
Pages208
JournalInternational Journal of Transitional Justice
Volume1
Issue number2
DOIs
Publication statusPublished - 2007

Fingerprint

amnesty
justice
peace
jurisprudence
reconciliation
human rights
abuse
stakeholder
Law

Keywords

  • amnesty
  • transitional justice
  • international criminal law

Cite this

@article{4d6264ae08f444aa811dc9135222932a,
title = "Can Amnesties and International Justice be Reconciled?",
abstract = "When states are attempting to recover from periods of serious human rights abuse, they often must try to reconcile the competing demands of different stakeholders. These demands may range from claims that complete impunity is a necessary sacrifice to achieve peace, to the belief that without justice no meaningful peace can be reached. This paper will attempt to highlight the ways in which international courts and quasi-judicial bodies address the dilemma of peace versus justice, in relation to amnesty laws. The discussion will consider the main international standards on impunity, the international jurisprudence relating to amnesties and whether international courts should recognize amnesties that are accompanied by alternative forms of justice. This paper will argue that international courts should recognize amnesties that are introduced with democratic approval to promote peace and reconciliation, provided that they are accompanied by mechanisms to fulfil the victims' rights.",
keywords = "amnesty, transitional justice, international criminal law",
author = "Louise Mallinder",
year = "2007",
doi = "10.1093/ijtj/ijm020",
language = "English",
volume = "1",
pages = "208",
journal = "International Journal of Transitional Justice",
issn = "1752-7716",
number = "2",

}

Can Amnesties and International Justice be Reconciled? / Mallinder, Louise.

In: International Journal of Transitional Justice, Vol. 1, No. 2, 2007, p. 208.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Can Amnesties and International Justice be Reconciled?

AU - Mallinder, Louise

PY - 2007

Y1 - 2007

N2 - When states are attempting to recover from periods of serious human rights abuse, they often must try to reconcile the competing demands of different stakeholders. These demands may range from claims that complete impunity is a necessary sacrifice to achieve peace, to the belief that without justice no meaningful peace can be reached. This paper will attempt to highlight the ways in which international courts and quasi-judicial bodies address the dilemma of peace versus justice, in relation to amnesty laws. The discussion will consider the main international standards on impunity, the international jurisprudence relating to amnesties and whether international courts should recognize amnesties that are accompanied by alternative forms of justice. This paper will argue that international courts should recognize amnesties that are introduced with democratic approval to promote peace and reconciliation, provided that they are accompanied by mechanisms to fulfil the victims' rights.

AB - When states are attempting to recover from periods of serious human rights abuse, they often must try to reconcile the competing demands of different stakeholders. These demands may range from claims that complete impunity is a necessary sacrifice to achieve peace, to the belief that without justice no meaningful peace can be reached. This paper will attempt to highlight the ways in which international courts and quasi-judicial bodies address the dilemma of peace versus justice, in relation to amnesty laws. The discussion will consider the main international standards on impunity, the international jurisprudence relating to amnesties and whether international courts should recognize amnesties that are accompanied by alternative forms of justice. This paper will argue that international courts should recognize amnesties that are introduced with democratic approval to promote peace and reconciliation, provided that they are accompanied by mechanisms to fulfil the victims' rights.

KW - amnesty

KW - transitional justice

KW - international criminal law

U2 - 10.1093/ijtj/ijm020

DO - 10.1093/ijtj/ijm020

M3 - Article

VL - 1

SP - 208

JO - International Journal of Transitional Justice

T2 - International Journal of Transitional Justice

JF - International Journal of Transitional Justice

SN - 1752-7716

IS - 2

ER -