Exploring the Practice of States Introducing Amnesty

BUILDING A FUTURE ON PEACE AND JUSTICE: STUDIES ON TRANSITIONAL JUSTICE, CONFLICT RESOLUTION AND DEVELOPMENT - THE NUREMBERG DECLARATION ON PEACE AND JUSTICE, Kai Ambos, Judith Large, Marieke Wierda, eds., Springer, Berlin 2008

Transitional Justice Institute Research

74 Pages Posted: 9 Apr 2009 Last revised: 3 Jan 2014

Date Written: June 1, 2008

Abstract

Although amnesty laws have ancient origins, today their use as political 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 impunity for perpetrators. The chapter will argue that this disparity indicates that amnesties can be tailored to meet specific strategic and legal objectives. It will conclude by assessing the impact of the relationship between the different forms of amnesty and reconciliation.

Keywords: amnesty laws, state practice, duty to prosecute, customary international law, transitional justice

Suggested Citation

Mallinder, Louise, Exploring the Practice of States Introducing Amnesty (June 1, 2008). BUILDING A FUTURE ON PEACE AND JUSTICE: STUDIES ON TRANSITIONAL JUSTICE, CONFLICT RESOLUTION AND DEVELOPMENT - THE NUREMBERG DECLARATION ON PEACE AND JUSTICE, Kai Ambos, Judith Large, Marieke Wierda, eds., Springer, Berlin 2008, Transitional Justice Institute Research, Available at SSRN: https://ssrn.com/abstract=1375050

Louise Mallinder (Contact Author)

Queen's University Belfast ( email )

School of Law
Belfast, County (optional) BT1 7NN
United Kingdom
02890973470 (Phone)

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