Amnesty for Crimes against Humanity under International Law - download pdf or read online

By Ntoubandi, F.Z.

ISBN-10: 9004162313

ISBN-13: 9789004162310

ISBN-10: 9047422309

ISBN-13: 9789047422303

Drawing on crystallizing traits in State's perform in appreciate of amnesty, this booklet offers a entire felony framework in which can provide of amnesty might be reconciled with the obligation to prosecute middle crimes below foreign legislations.

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Extra info for Amnesty for Crimes against Humanity under International Law

Sample text

However, they may extend to certain ancillary offences usually referred to in amnesty clauses as related common or ordinary crimes. Each legal order applies different criteria in distinguishing between political crimes and ancillary common or ordinary crimes. 95 It gave no de¿nition of the expressions ‘conÀicts of the past’ or “acts, omission and offences associated with political objectives”; instead, it left this task to the national parliament. 96 Conversely to the South African approach to amnesty, other countries de¿ned the scope of their amnesty legislation on the basis of a distinction between two categories of crimes, namely political and related common crimes on the one hand, and international crimes on the other hand.

70 In addition, customary international law existing at the time did not either require that peace treaties contain amnesty clauses71 nor af¿rmed the obligations of belligerents to punish members of their armed forces for committing acts in violation of the laws and customs of war. This situation would remain unchanged in the aftermath of World War I. After the ¿rst world conÀict, two treaties were signed which provided for the prosecution of the authors of the atrocities committed during the war: namely, the Treaty of Versailles of 1919 and the Treaty of Sèvres of 1920.

Justi¿cation or Motives for Amnesty Although amnesty clauses in peace treaties have decreased since the Second World War, the motives for granting amnesty have not lost their validity. For centuries amnesties have always been granted with the view of facilitating the transition from war to peace, and their motives have differed according to the nature of the conÀict. Amnesties have been granted over the years in respect of atrocities committed in at least three different contexts; namely, in the context of international armed conÀict, in that of civil war and in the context of transition from dictatorship to democratic rule.

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Amnesty for Crimes against Humanity under International Law by Ntoubandi, F.Z.


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