Amnesty In International Law

Author : Josepha Close
Publisher : Routledge
Page : 293 pages
File Size : 41,5 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781351180214

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Amnesty, Serious Crimes and International Law by Josepha Close Pdf

Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.

Author : Andreas O'Shea
Publisher : BRILL
Page : 410 pages
File Size : 52,7 Mb
Release : 2002-02-01
Category : Law
ISBN : 9789047403081

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Amnesty for Crime in International Law and Practice by Andreas O'Shea Pdf

This book contains a comprehensive and well-researched study of the relationship between municipal amnesty laws and developing principles of international criminal law. It pursues a path towards defining criteria for reconciling these two delicate fields of transitional justice. It concludes with a concrete proposal for the international community of states.

Author : Faustin Ntoubandi
Publisher : BRILL
Page : 266 pages
File Size : 43,6 Mb
Release : 2007-10-15
Category : Law
ISBN : 9789047422303

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Amnesty for Crimes against Humanity under International Law by Faustin Ntoubandi Pdf

Drawing on crystallizing trends in State's practice in respect of amnesty, this book provides a comprehensive legal framework within which grants of amnesty can be reconciled with the duty to prosecute core crimes under international law.

Author : Ben Chigara
Publisher : Addison-Wesley Longman Limited
Page : 190 pages
File Size : 40,9 Mb
Release : 2002
Category : Law
ISBN : 0582437938

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Amnesty in International Law by Ben Chigara Pdf

In this polemical book, the author presents a rigorous legal analysis of national amnesty laws - often called transitional or transformative justice - that seek to exculpate human rights violators from liability for criminal conduct under both national and international law. A model is developed for distinguishing legally sustainable national amnesty laws from unsustainable ones - the VANPAJR test. The author concludes that any scope of national amnesty laws to expunge criminal or civil liability of human rights violators is ultimately unsustainable under international law.

Author : Francesca Lessa,Leigh A. Payne
Publisher : Cambridge University Press
Page : 457 pages
File Size : 52,5 Mb
Release : 2012-05-28
Category : Law
ISBN : 9781107025004

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Amnesty in the Age of Human Rights Accountability by Francesca Lessa,Leigh A. Payne Pdf

This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.

Author : Nigel Rodley,Matt Pollard
Publisher : OUP Oxford
Page : 750 pages
File Size : 47,8 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780191550515

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The Treatment of Prisoners under International Law by Nigel Rodley,Matt Pollard Pdf

This is the third edition of the pioneering work that has become the standard text in the field. The first edition was one of the earliest to establish that the newly-developing international law of human rights could be set down as any other branch of international law. It also incorporates the complementary fields of international humanitarian law and international criminal law, while addressing the problems associated with their interaction with human rights law. The book is more than a descriptive analysis of the field. It acknowledges areas of unclarity or where developments may be embryonic. Solutions are offered. Recent developments have confirmed the value of solutions proposed in this edition and the previous one. Central to most of the chapters is the human rights norm of most salience in the treatment of prisoners, namely, the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm. Other chapters deal with problems of poor prison conditions and of certain extraordinary penalties, notably corporal and capital punishment. A chapter explores ethical codes for members of professions capable of inflicting or preventing the prohibited behaviour (police and medical and legal professionals). Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.

Author : Louise Mallinder
Publisher : Bloomsbury Publishing
Page : 598 pages
File Size : 42,8 Mb
Release : 2008-09-10
Category : Political Science
ISBN : 9781847314574

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Amnesty, Human Rights and Political Transitions by Louise Mallinder Pdf

Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed. The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes. David Dyzenhaus "This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."

Author : Ann Marie Clark
Publisher : Princeton University Press
Page : 196 pages
File Size : 45,5 Mb
Release : 2010-03-18
Category : Political Science
ISBN : 9781400824229

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Diplomacy of Conscience by Ann Marie Clark Pdf

A small group founded Amnesty International in 1961 to translate human rights principles into action. Diplomacy of Conscience provides a rich account of how the organization pioneered a combination of popular pressure and expert knowledge to advance global human rights. To an extent unmatched by predecessors and copied by successors, Amnesty International has employed worldwide publicity campaigns based on fact-finding and moral pressure to urge governments to improve human rights practices. Less well known is Amnesty International's significant impact on international law. It has helped forge the international community's repertoire of official responses to the most severe human rights violations, supplementing moral concern with expertise and conceptual vision. Diplomacy of Conscience traces Amnesty International's efforts to strengthen both popular human rights awareness and international law against torture, disappearances, and political killings. Drawing on primary interviews and archival research, Ann Marie Clark posits that Amnesty International's strenuously cultivated objectivity gave the group political independence and allowed it to be critical of all governments violating human rights. Its capacity to investigate abuses and interpret them according to international standards helped it foster consistency and coherence in new human rights law. Generalizing from this study, Clark builds a theory of the autonomous role of nongovernmental actors in the emergence of international norms pitting moral imperatives against state sovereignty. Her work is of substantial historical and theoretical relevance to those interested in how norms take shape in international society, as well as anyone studying the increasing visibility of nongovernmental organizations on the international scene.

Author : Bertie G. Ramcharan
Publisher : BRILL
Page : 383 pages
File Size : 54,6 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482296

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The Right to Life in International Law by Bertie G. Ramcharan Pdf

Author : Julia Kertesz
Publisher : Editora Dialética
Page : 336 pages
File Size : 40,8 Mb
Release : 2021-05-27
Category : Law
ISBN : 9786559567164

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The Right to Truth in International Human Rights Law by Julia Kertesz Pdf

The present book addresses the right to truth in the field of international human rights law. The objective is to verify the outlines of this right that make it unique, and which justify its own (disputable) existence in the human rights scenario as a legally binding norm. Departing from a historical perspective of the emergence of this right in International Law, the intent is to analyze the multiple debates that have marked the development of the right to truth throughout the past decades. It is explored, therefore, how the a priori abstract notion of truth became a right and the strict relation this has with the social mobilizations of victims of gross violations of human rights. To accomplish this, the book spans across the struggle, in particular, of the relatives of disappeared victims during the 1970's and 1980's when the dictatorships reigned in Latin America. It follows on the expansion of the right to truth during what has been known as the fight against impunity, until it reaches the main human rights courts. To finalize, it discusses the inclusion of the right to truth in the International Convention on the Protection of All Persons from Enforced Disappearance and the measures more commonly used to realize such right. In the book, it is concluded that the right to truth carries a singularity that is crucial for the protection of victims of gross human rights violations.

Author : Naomi Roht-Arriaza
Publisher : Oxford University Press
Page : 413 pages
File Size : 49,5 Mb
Release : 1995-07-13
Category : Law
ISBN : 9780195359718

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Impunity and Human Rights in International Law and Practice by Naomi Roht-Arriaza Pdf

As dictatorships topple around the world and transitional regimes emerge from the political rubble, the new governments inherit a legacy of widespread repression against the civilian population. This repression ranges from torture, forced disappearances, and imprisonment to the killings of both real and perceived political opponents. Nonetheless, the official status of the perpetrators shields them from sanction, creating a culture of impunity in which the most inhumane acts can be carried out without fear of repercussions. The new governments wrestle with whether or not to investigate prior wrongdoings by state officials. They must determine who, if any, of those responsible for the worst crimes should be brought to justice, even if this means annulling a previous amnesty law or risking a violent backlash by military or security forces. Finally, they have to decide how to compensate the victims of this repression, if at all. Beginning with a general consideration of theories of punishment and redress for victims, Impunity and Human Rights in International Law and Practice explores how international law provides guidance on these issues of investigation, prosecution, and compensation. It reviews some of the more well-known historical examples of societies grappling with impunity, including those arising from the Second World War and from the fall of the Greek, Spanish, and Portuguese dictatorships in the 1970s. Country studies from around the world look at how the problem of impunity has been dealt with in practice in the last two decades. The work then distills these experiences into a general discussion of what has and hasn't worked. It concludes by considering the role of international law and institutions in the future, especially given renewed interest in international mechanisms to punish wrong-doers. As individuals, governments, and international organizations come to grips with histories of repression and impunity in countries around the world, the need to define legal procedures and criteria for dealing with past abuses of human rights takes on a special importance. Impunity and Human Rights in International Law and Practice aims to share their experiences in the hope that lawyers, scholars, and activists in those countries where dealing with the past is only now becoming an imperative may learn from those who have recently confronted similar challenges. This work will be essential reading for lawyers, political and social scientists, historians and journalists, as well as human rights experts concerned with this important issue.

Author : Amnesty International,Angelina Jolie,Geraldine Van Bueren
Publisher : Zest Books ™
Page : 288 pages
File Size : 47,8 Mb
Release : 2021-09-17
Category : Young Adult Nonfiction
ISBN : 9781728449685

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Know Your Rights and Claim Them by Amnesty International,Angelina Jolie,Geraldine Van Bueren Pdf

A timely look at children's rights, the young activists who fought for them, and how readers can do the same by Amnesty International, Angelina Jolie, and Geraldine Van Bueren

Author : Nigel S. Rodley
Publisher : Oxford University Press, USA
Page : 406 pages
File Size : 42,8 Mb
Release : 1987
Category : Human rights
ISBN : UCSD:31822002843431

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The Treatment of Prisoners Under International Law by Nigel S. Rodley Pdf

This book deals with a specialized area of international law relating to prisoners and some of the worst abuses they may be subjected to such as torture, enforced disappearance, capital and corporal punishment. It is mainly a study in international human rights law, but also draws extensivelyon international humanitarian law and international criminal law. This edition reflects the extensive legal and institutional developments that have taken place in the last twelve years.

Author : Mark Freeman
Publisher : Cambridge University Press
Page : 375 pages
File Size : 43,5 Mb
Release : 2009-11-30
Category : Law
ISBN : 9780521895255

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Necessary Evils by Mark Freeman Pdf

Captain America, the famous Marvel comic hero, is thawed out of the ice during WWII in order to combat Hitler's super agent, Rod Skull.

Author : David S. Weissbrodt,Joan Fitzpatrick,Frank C. Newman
Publisher : Unknown
Page : 1212 pages
File Size : 48,6 Mb
Release : 2001
Category : Human rights
ISBN : STANFORD:36105060709404

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International Human Rights by David S. Weissbrodt,Joan Fitzpatrick,Frank C. Newman Pdf