Amnesty Justified

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Amnesty Justified?

Author : Vera Vriezen
Publisher :
ISBN 13 : 9781780680750
Total Pages : 0 pages
Book Rating : 4.6/5 (87 download)

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Book Synopsis Amnesty Justified? by : Vera Vriezen

Download or read book Amnesty Justified? written by Vera Vriezen and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Amnesty in the Age of Human Rights Accountability

Author : Francesca Lessa
Publisher : Cambridge University Press
ISBN 13 : 110738009X
Total Pages : 457 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Amnesty in the Age of Human Rights Accountability by : Francesca Lessa

Download or read book Amnesty in the Age of Human Rights Accountability written by Francesca Lessa and published by Cambridge University Press. This book was released on 2012-05-28 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Amnesty for Crimes Against Humanity Under International Law

Author : Faustin Z. Ntoubandi
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004162313
Total Pages : 267 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Amnesty for Crimes Against Humanity Under International Law by : Faustin Z. Ntoubandi

Download or read book Amnesty for Crimes Against Humanity Under International Law written by Faustin Z. Ntoubandi and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Amnesties, Accountability, and Human Rights

Author : Renée Jeffery
Publisher : University of Pennsylvania Press
ISBN 13 : 0812209419
Total Pages : 313 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Amnesties, Accountability, and Human Rights by : Renée Jeffery

Download or read book Amnesties, Accountability, and Human Rights written by Renée Jeffery and published by University of Pennsylvania Press. This book was released on 2014-06-13 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Amnesty International and the Use of Violence

Author : Amnesty International
Publisher : Amnesty International
ISBN 13 :
Total Pages : 8 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Amnesty International and the Use of Violence by : Amnesty International

Download or read book Amnesty International and the Use of Violence written by Amnesty International and published by Amnesty International. This book was released on 1976 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Amnesty International

Author : J. Power
Publisher : Elsevier
ISBN 13 : 1483286010
Total Pages : 129 pages
Book Rating : 4.4/5 (832 download)

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Book Synopsis Amnesty International by : J. Power

Download or read book Amnesty International written by J. Power and published by Elsevier. This book was released on 2013-10-22 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

When the State Kills-

Author : Amnesty International
Publisher : New York, NY : Amnesty International USA
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis When the State Kills- by : Amnesty International

Download or read book When the State Kills- written by Amnesty International and published by New York, NY : Amnesty International USA. This book was released on 1989 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risks to the innocent

Amnesty, Human Rights and Political Transitions

Author : Louise Mallinder
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314570
Total Pages : 598 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Amnesty, Human Rights and Political Transitions by : Louise Mallinder

Download or read book Amnesty, Human Rights and Political Transitions written by Louise Mallinder and published by Bloomsbury Publishing. This book was released on 2008-09-10 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."

The Amnesty of Grace

Author : Elsa Tamez
Publisher : Wipf and Stock Publishers
ISBN 13 : 1579108652
Total Pages : 205 pages
Book Rating : 4.5/5 (791 download)

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Book Synopsis The Amnesty of Grace by : Elsa Tamez

Download or read book The Amnesty of Grace written by Elsa Tamez and published by Wipf and Stock Publishers. This book was released on 2002-01-14 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Truth v. Justice

Author : Robert I. Rotberg
Publisher : Princeton University Press
ISBN 13 : 1400832039
Total Pages : 344 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Truth v. Justice by : Robert I. Rotberg

Download or read book Truth v. Justice written by Robert I. Rotberg and published by Princeton University Press. This book was released on 2010-07-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning in general and in post-apartheid South Africa. They ask whether the truth commission, as a method of seeking justice after conflict, is fair, moral, and effective in bringing about reconciliation. The authors weigh the virtues and failings of truth commissions, especially the South African Truth and Reconciliation Commission, in their attempt to provide restorative rather than retributive justice. They examine, among other issues, the use of reparations as social policy and the granting of amnesty in exchange for testimony. Most of the contributors praise South Africa's decision to trade due process for the kinds of truth that permit closure. But they are skeptical that such revelations produce reconciliation, particularly in societies that remain divided after a compromise peace with no single victor, as in El Salvador. Ultimately, though, they find the truth commission to be a worthy if imperfect instrument for societies seeking to say "never again" with confidence. At a time when truth commissions have been proposed for Bosnia, Kosovo, Cyprus, East Timor, Cambodia, Nigeria, Palestine, and elsewhere, the authors' conclusion that restorative justice provides positive gains could not be more important. In addition to the editors, the contributors are Amy Gutmann, Rajeev Bhargava, Elizabeth Kiss, David A. Crocker, André du Toit, Alex Boraine, Dumisa Ntsebeza, Lisa Kois, Ronald C. Slye, Kent Greenawalt, Sanford Levinson, Martha Minow, Charles S. Maier, Charles Villa-Vicencio, and Wilhelm Verwoerd.

Tax Amnesties

Author : Jacques Malherbe
Publisher : Kluwer Law International B.V.
ISBN 13 : 904113364X
Total Pages : 274 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Tax Amnesties by : Jacques Malherbe

Download or read book Tax Amnesties written by Jacques Malherbe and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversial assumption that underlies tax amnesties is that, at least in some situations, it is preferable to sacrifice the penalties for past non-compliance (and perhaps even the tax owing itself) in exchange for improved compliance in the future. Some commentators argue that tax amnesties actually undermine future compliance, because some taxpayers may be encouraged to engage in non-compliance in anticipation of future tax amnesty. Consequently, tax amnesties must be designed and implemented cautiously from a public policy perspective. The scope of this highly relevant book is impressive. It covers the experience with tax amnesties of a variety of countries, deals with the constitutionality, morality, and economic effects of tax amnesties, and discusses the compatibility of tax amnesties with international agreements, in particular, the Treaty of the European Community. As the renowned international tax expert Brian Arnold L71observes in the work's foreword: 'The book is an important contribution to the literature on tax amnesties, as there is no comparable source dealing with the topic . . . It is timely because the elimination of bank secrecy and the proliferation of Tax Information Exchange Agreements with tax havens have led several countries to adopt tax amnesty programs.

Pieces of the Puzzle

Author : Charles Villa-Vicencio
Publisher : African Minds
ISBN 13 : 0958479453
Total Pages : 137 pages
Book Rating : 4.9/5 (584 download)

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Book Synopsis Pieces of the Puzzle by : Charles Villa-Vicencio

Download or read book Pieces of the Puzzle written by Charles Villa-Vicencio and published by African Minds. This book was released on 2004 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconciliation - Ubuntu - Peace processes - Reparation - Restorative justice - Amnesty - Memory - Testimony - Transitional justice - Genocide - The international criminal court - Truth commissions - Traditional and customary law - Human rights - Rights and reconciliation - Economic transformation - National truth commissions - Online resources on transitional.

Amnesty, Serious Crimes and International Law

Author : Josepha Close
Publisher : Routledge
ISBN 13 : 1351180215
Total Pages : 293 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Amnesty, Serious Crimes and International Law by : Josepha Close

Download or read book Amnesty, Serious Crimes and International Law written by Josepha Close and published by Routledge. This book was released on 2019-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?

Author : Arlie Schardt
Publisher : [Croton-on-Hudson, N.Y.] : Sun River Press ; Lawrence, Mass. : distributed through Two Continents Publishing Group
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Amnesty? by : Arlie Schardt

Download or read book Amnesty? written by Arlie Schardt and published by [Croton-on-Hudson, N.Y.] : Sun River Press ; Lawrence, Mass. : distributed through Two Continents Publishing Group. This book was released on 1973 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transitional Justice

Author : Neil J. Kritz
Publisher : US Institute of Peace Press
ISBN 13 : 9781878379450
Total Pages : 884 pages
Book Rating : 4.3/5 (794 download)

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Book Synopsis Transitional Justice by : Neil J. Kritz

Download or read book Transitional Justice written by Neil J. Kritz and published by US Institute of Peace Press. This book was released on 1995 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3. Purge and Screening

Necessary Evils

Author : Mark Freeman
Publisher : Cambridge University Press
ISBN 13 : 1139485601
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Necessary Evils by : Mark Freeman

Download or read book Necessary Evils written by Mark Freeman and published by Cambridge University Press. This book was released on 2009-11-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher :
ISBN 13 :
Total Pages : 948 pages
Book Rating : 4.0/5 (18 download)

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Book Synopsis Amnesty by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice

Download or read book Amnesty written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and published by . This book was released on 1974 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: