Amnesty, Human Rights and Political Transitions
Bridging the Peace and Justice Divide

 

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Amnesty, Human Rights and Political Transitions
Bridging the Peace and Justice Divide

by Louise Mallinder (Author)

 

Hardback

ISBN: 9781841137711

 

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Amnesty laws are political tools used since ancient times. 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.


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.


 

ISBN 1841137715
ISBN13 9781841137711
Publisher Hart Publishing
Format Hardback
Publication date 28/08/2008
Pages 524
Weight (grammes) 751.00
Published in United Kingdom
Height (mm) 234
Width (mm) 156

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