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- Title
The Nature, Status and Future of Amnesties under International Criminal Law.
- Authors
PERRY, ROBIN
- Abstract
The ultimate sovereign prerogative of States to begin and end wars and, in particular, to grant amnesties for crimes committed during those wars, has been significantly eroded by the expanding legal imperative to address crimes whose gravity compels prosecution. As this legal obligation continues to expand, the space for a non-legal accommodation of localised sociopolitical nuances of any given conflict is correspondingly diminished. Nevertheless, a cursory overview of legal and political philosophy challenges the assertion that prosecutions of international crimes are or ever can be exercises of pure, unadulterated legalism, uncontaminated by political influence. We should, on that basis, be willing to accept that there may, in some situations, be legitimate scope for utilising politics to address the perpetration of crimes during conflict beyond the courtroom. Ultimately, then, this article will seek to draw on contemporary legal and philosophical debate to map out the evolving position of international law with respect to amnesties and, on that basis, to identify international criminal law as a form of juridified international politics. This will provide a foundation for justifying recourse to amnesties, albeit in very limited circumstances, and to tentatively outline some practical guidelines for identifying those circumstances.
- Subjects
AMNESTY (International law); INTERNATIONAL criminal law -- Social aspects; WAR crimes -- Law &; legislation; PROSECUTION (International law); INTERNATIONAL crimes -- Law &; legislation; TREATIES -- Social aspects; INTERNATIONAL Criminal Court; WAR (International law) -- Social aspects
- Publication
Australian International Law Journal, 2011, Vol 18, Issue 1, p77
- ISSN
1325-5029
- Publication type
Article