Exploring the Practice of States in Introducing Amnesties

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

Although amnesty laws have ancient origins, today their use as po-litical tools increasingly triggers protest from human rights activists, who argue that amnesties for serious violations of human rights are prohibited under customary international law. These claims will be assessed in this chapter through a systematic cross-country analysis of amnesties since the Second World War. This chapter will use the Amnesty Law Database, which was created by the author, to explore state practice and place considerations of the legal framework against impunity within a factual context. It will highlight patterns in state practice such as the relationship between amnesties and truth commissions, and explore whether states are moving away from granting amnesty for crimes under international law. This chapter will argue that there is a wide disparity in state practice relating to the types of amnesty laws introduced, with some aiming to provide victims with a remedy, whereas others aim to create complete impu-nity for perpetrators. The chapter will argue that this disparity indi-cates that amnesties can be tailored to meet specific strategic and le-gal objectives. It will conclude by assessing the impact of the relationship between the different forms of amnesty and reconcilia-tion.
Original languageEnglish
Title of host publicationBuilding a Future on Peace and Justice: Studies on Transitional Justice, Conflict Resolution and Development - The Nuremberg Declaration on Peace and Justice
Pages127-173
Publication statusPublished - 1 Dec 2008

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amnesty
international law
Law
human rights
remedies
protest
offense

Keywords

  • amnesty
  • transitional justice
  • truth commissions
  • international criminal law

Cite this

Mallinder, L. (2008). Exploring the Practice of States in Introducing Amnesties. In Building a Future on Peace and Justice: Studies on Transitional Justice, Conflict Resolution and Development - The Nuremberg Declaration on Peace and Justice (pp. 127-173)
Mallinder, Louise. / Exploring the Practice of States in Introducing Amnesties. Building a Future on Peace and Justice: Studies on Transitional Justice, Conflict Resolution and Development - The Nuremberg Declaration on Peace and Justice. 2008. pp. 127-173
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Mallinder, L 2008, Exploring the Practice of States in Introducing Amnesties. in Building a Future on Peace and Justice: Studies on Transitional Justice, Conflict Resolution and Development - The Nuremberg Declaration on Peace and Justice. pp. 127-173.

Exploring the Practice of States in Introducing Amnesties. / Mallinder, Louise.

Building a Future on Peace and Justice: Studies on Transitional Justice, Conflict Resolution and Development - The Nuremberg Declaration on Peace and Justice. 2008. p. 127-173.

Research output: Chapter in Book/Report/Conference proceedingChapter

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T1 - Exploring the Practice of States in Introducing Amnesties

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PY - 2008/12/1

Y1 - 2008/12/1

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AB - Although amnesty laws have ancient origins, today their use as po-litical tools increasingly triggers protest from human rights activists, who argue that amnesties for serious violations of human rights are prohibited under customary international law. These claims will be assessed in this chapter through a systematic cross-country analysis of amnesties since the Second World War. This chapter will use the Amnesty Law Database, which was created by the author, to explore state practice and place considerations of the legal framework against impunity within a factual context. It will highlight patterns in state practice such as the relationship between amnesties and truth commissions, and explore whether states are moving away from granting amnesty for crimes under international law. This chapter will argue that there is a wide disparity in state practice relating to the types of amnesty laws introduced, with some aiming to provide victims with a remedy, whereas others aim to create complete impu-nity for perpetrators. The chapter will argue that this disparity indi-cates that amnesties can be tailored to meet specific strategic and le-gal objectives. It will conclude by assessing the impact of the relationship between the different forms of amnesty and reconcilia-tion.

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KW - transitional justice

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Mallinder L. Exploring the Practice of States in Introducing Amnesties. In Building a Future on Peace and Justice: Studies on Transitional Justice, Conflict Resolution and Development - The Nuremberg Declaration on Peace and Justice. 2008. p. 127-173