Amnesty Serious Crimes And International Law

Author : Josepha Close
Publisher : Routledge
Page : 293 pages
File Size : 52,6 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 : Faustin Ntoubandi
Publisher : BRILL
Page : 266 pages
File Size : 41,5 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 : Andreas O'Shea
Publisher : BRILL
Page : 410 pages
File Size : 46,7 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 : Francesca Lessa,Leigh A. Payne
Publisher : Cambridge University Press
Page : 457 pages
File Size : 43,9 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 : Mark Freeman
Publisher : Cambridge University Press
Page : 375 pages
File Size : 52,8 Mb
Release : 2009-11-30
Category : Law
ISBN : 9781139485609

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Necessary Evils by Mark Freeman Pdf

This book is about amnesties for grave international crimes that states adopt in moments of transition or social unrest. The subject is naturally controversial, especially in the age of the International Criminal Court. The goal of this book is to reframe and revitalise the global debate on the subject and to offer an original framework for resolving amnesty dilemmas when they arise. Most literature and jurisprudence on amnesties deal with only a small subset of state practice and sidestep the ambiguity of amnesty's position under international law. This book addresses the ambiguity head on and argues that amnesties of the broadest scope are sometimes defensible when adopted as a last recourse in contexts of mass violence. Drawing on an extensive amnesty database, the book offers detailed guidance on how to ensure that amnesties extend the minimum leniency possible, while imposing the maximum accountability on the beneficiaries.

Author : Ben Chigara
Publisher : Addison-Wesley Longman Limited
Page : 190 pages
File Size : 42,9 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 : Jacopo Roberti di Sarsina
Publisher : Springer
Page : 283 pages
File Size : 41,7 Mb
Release : 2019-03-26
Category : Law
ISBN : 9789462652767

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Transitional Justice and a State’s Response to Mass Atrocity by Jacopo Roberti di Sarsina Pdf

This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

Author : Charles C. Jalloh
Publisher : Cambridge University Press
Page : 423 pages
File Size : 49,6 Mb
Release : 2020-07-16
Category : Law
ISBN : 9781107178311

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The Legal Legacy of the Special Court for Sierra Leone by Charles C. Jalloh Pdf

Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.

Author : Louise Mallinder
Publisher : Bloomsbury Publishing
Page : 598 pages
File Size : 47,9 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 : Yoram Dinstein,Mala Tabory
Publisher : BRILL
Page : 503 pages
File Size : 55,7 Mb
Release : 2023-09-29
Category : Law
ISBN : 9789004642409

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War Crimes in International Law by Yoram Dinstein,Mala Tabory Pdf

Author : Kriangsak Kittichaisaree
Publisher : Oxford University Press
Page : 416 pages
File Size : 51,5 Mb
Release : 2018-03-08
Category : Law
ISBN : 9780192556271

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The Obligation to Extradite or Prosecute by Kriangsak Kittichaisaree Pdf

Prosecution of serious crimes of international concern has been few and far between before and even after the establishment of the International Criminal Court in 2002. Hope thus rests with the implementation of the international legal obligation for States to either extradite or prosecute such perpetrators among themselves or surrender them to a competent international criminal court. This obligation was considered by the United Nations International Law Commission (ILC) which submitted its final report in 2014. Kittichaisaree, Chairman of the ILC Working Group on that topic, not only provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history, he also covers important issues left unanswered by the report, including the customary international legal status of the obligation, the role of the universal jurisdiction, immunities of State officials, and impediments to the surrender of offenders to international criminal courts. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite or Prosecute also offers practical solutions as to the road ahead.

Author : Renee Jeffery
Publisher : University of Pennsylvania Press
Page : 312 pages
File Size : 41,9 Mb
Release : 2014-05-26
Category : Law
ISBN : 9780812245899

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Amnesties, Accountability, and Human Rights by Renee Jeffery Pdf

For the last thirty years, documented human rights violations have been met with an unprecedented rise in demands for accountability. This trend challenges the use of amnesties which typically foreclose opportunities for criminal prosecutions that some argue are crucial to transitional justice. Recent developments have seen amnesties circumvented, overturned, and resisted by lawyers, states, and judiciaries committed to ending impunity for human rights violations. Yet, despite this global movement, the use of amnesties since the 1970s has not declined. Amnesties, Accountability, and Human Rights examines why and how amnesties persist in the face of mounting pressure to prosecute the perpetrators of human rights violations. Drawing on more than 700 amnesties instituted between 1970 and 2005, Renée Jeffery maps out significant trends in the use of amnesty and offers a historical account of how both the use and the perception of amnesty has changed. As mechanisms to facilitate transitions to democracy, to reconcile divided societies, or to end violent conflicts, amnesties have been adapted to suit the competing demands of contemporary postconflict politics and international accountability norms. Through the history of one evolving political instrument, Amnesties, Accountability, and Human Rights sheds light on the changing thought, practice, and goals of human rights discourse generally.

Author : Annelen Micus
Publisher : BRILL
Page : 460 pages
File Size : 48,8 Mb
Release : 2015-08-20
Category : Law
ISBN : 9789004289734

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The Inter-American Human Rights System as a Safeguard for Justice in National Transitions by Annelen Micus Pdf

In The Inter-American Human Rights System as a Safeguard for Justice in National Transitions, Annelen Micus analyzes the impact of the Inter-American Human Rights System on transitional justice processes in Latin America, with a focus on Argentina, Chile and Peru.

Author : Renee van Eijl
Publisher : Unknown
Page : 189 pages
File Size : 47,5 Mb
Release : 2009
Category : Amnesty
ISBN : 9052131597

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Dealing with Crimes of the Past by Renee van Eijl Pdf

Author : Amnesty International
Publisher : Unknown
Page : 112 pages
File Size : 40,9 Mb
Release : 2007
Category : Human rights
ISBN : UCSC:32106019283057

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Maze of Injustice by Amnesty International Pdf

More than one in three Native American or Alaska Native women will be raped at some point in their lives. Most do not seek justice because they known they will be met with inaction or indifference. As one support worker said, "Women don't report because it doesn't make a difference. Why report when you are just going to be revictimized?" Sexual violence against women is not only a criminal or social issue, it is a human rights abuse. This report unravels some of the reasons why Indigenous women in the USA are at such risk of sexual violence and why survivors are so frequently denied justice. Chronic under-resourcing of law enforcement and health services, confusion over jurisdiction, erosion of tribal authority, discrimination in law and practice, and indifference -- all these factors play a part. None of this is inevitable or irreversible. The voices of Indigenous women throughout this report send a message of courage and hope that change can and will happen.