Amnesty Justified
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Amnesty Justified
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Author : Vera Vriezen
language : en
Publisher:
Release Date : 2012
Amnesty Justified written by Vera Vriezen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Amnesty categories.
The manner in which South Africa dealt with its past and the process of granting amnesty through the Truth and Reconciliation Commission is generally considered legitimate. This is not the case, however, for many other amnesties granted in times of political transition or in post-conflict situations. National efforts to establish peace and democracy often clash with international legal demands. Notwithstanding the practice of nation states often preferring amnesty to prosecution as a means of dealing with their violent past, international law is clearly moving in a direction in which impunity, and thus amnesty, have no place. Nevertheless, in political transitions or post-conflict situations, states need to balance the need to (re)build the rule of law with the need to end human rights violations. Foreclosing the possibility of granting amnesty might seriously invalidate a useful tool for ending or preventing wars, facilitating the transition to democratic civilian regimes, or aiding the process of reconciliation. The core question of this book is: What kind of amnesty laws can be considered legitimate in the light of the need to combine respect for human rights and the rule of law with the need to restore peace and public order? The book is dedicated to answering that question by examining the legality of national amnesty laws under international law, by looking into the United Nations' position and practice on the subject, and by defining the rights of victims related to the practice of granting amnesty. The book determines the factors that are of importance when reviewing an amnesty measure or for actors considering granting amnesty, and it develops a framework for the legitimate use of amnesty. (School of Human Rights Research - Vol. 52)
The Amnesty Of Grace
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Author : Elsa Tamez
language : en
Publisher: Wipf and Stock Publishers
Release Date : 2002-01-14
The Amnesty Of Grace written by Elsa Tamez and has been published by Wipf and Stock Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-14 with Religion categories.
Amnesty International And The Use Of Violence
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Author : Amnesty International
language : en
Publisher: Amnesty International
Release Date : 1976
Amnesty International And The Use Of Violence written by Amnesty International and has been published by Amnesty International this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Political Science categories.
An Historical Justification And Legal Basis For Amnesty Today
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Author : Harrop Arthur Freeman
language : en
Publisher:
Release Date : 1971
An Historical Justification And Legal Basis For Amnesty Today written by Harrop Arthur Freeman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Amnesty categories.
Amnesty Human Rights And Political Transitions
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Author : Louise Mallinder
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-09-10
Amnesty Human Rights And Political Transitions written by Louise Mallinder and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-10 with Political Science categories.
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."
Necessary Evils
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Author : Mark Freeman
language : en
Publisher: Cambridge University Press
Release Date : 2009-11-30
Necessary Evils written by Mark Freeman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-30 with Law categories.
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.
Amnesty For Crimes Against Humanity Under International Law
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Author : Faustin Z. Ntoubandi
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2007
Amnesty For Crimes Against Humanity Under International Law written by Faustin Z. Ntoubandi and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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.
Amnesty International
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Author : J. Power
language : en
Publisher: Elsevier
Release Date : 2013-10-22
Amnesty International written by J. Power and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-22 with Political Science categories.
Traces the history of Amnesty International from its beginnings in 1961, describing the difficulties and disappointments, how the organization works, and its special campaigns. Includes case studies focusing on the Soviet Union, China, Africa, Brazil and South America and first hand information on current activities in Guatemala, El Salvador and Nicaragua. The book is illustrated by photographs from Amnesty's archives
Amnesty Serious Crimes And International Law
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Author : Josepha Close
language : en
Publisher: Routledge
Release Date : 2019-05-16
Amnesty Serious Crimes And International Law written by Josepha Close and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Law categories.
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.
Amnesty In The Age Of Human Rights Accountability
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Author : Francesca Lessa
language : en
Publisher: Cambridge University Press
Release Date : 2012-05-28
Amnesty In The Age Of Human Rights Accountability written by Francesca Lessa and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-28 with Law categories.
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.