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Books > Law > International law > International criminal law
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Amnesty, Serious Crimes and International Law - Global Perspectives in Theory and Practice (Hardcover)
Loot Price: R4,557
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Amnesty, Serious Crimes and International Law - Global Perspectives in Theory and Practice (Hardcover)
Series: Post-Conflict Law and Justice
Expected to ship within 12 - 17 working days
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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.
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