Introduction

Defining ’Amnesty’

Controversial Nature of Amnesty Laws

Amnesties， International Law and Legal Claims-making

Amnesties and the Views of Victims

Amnesties and Pragmatic Peacemaking

Amnesties and Dealing with the Past

Amnesty and Reconciliation

Trends in the Introduction of Amnesty Laws

Creating the Amnesty Law Database

Structure and Purpose of the Book

Part I Amnesties and Peacemaking： Context and Content

1Enacting Amnesties

Introduction

How are Amnesty Laws Introduced？

Exercises of Executive Discretion

Negotiated Peace Agreements

Statutes

Public Consultation

Why Do States Introduce Amnesty？

Amnesty as a Reaction to Internal Unrest and Domestic Pressure

Amnesty as a Tool for Peace and Reconciliation

Amnesty as a Response to International Pressure

Amnesty as a Cultural or Religious Tradition

Amnesty as Reparation

Amnesty as a Shield for State Agents

Repeated and ’Rolling’ Amnesties

Conclusion

2 Whom do Amnesties Protect？ The Personal Jurisdiction of Amnesty Laws

Introduction

Amnesties， Equality and the’Myth of Equivalency’

How have States Distinguished between Offenders with Different Allegiances？

State Agents

Opponents of the State

Non-Violent Political Prisoners

Exiles and Refugees

Foreign Nationals

Can an Offender’s Reasons for Committing a Crime Justify an Amnesty？

Ideology and Political Offenders

Duress

Self Protection and Personal Gain

Victim-Perpetrator Axis

Importance of Rank： Should States distinguish different Levels of Responsibility

Amnesty for Subordinates？

Amnesty for Superiors？

Individual u Blanket Amnesties

Can Amnesties Prevent Individuals from Proving their Innocence？

Conclusion

3 Granting Immunity？ The Material Scope of Amnesty Laws

Introduction

Which Crimes Are Granted Amnesty？

Amnestying Atrocities？ Can States Amnesty Crimes under International Law？

Should Amnesties Treat Political Crimes Differently？

Impinging on Individual Rights： Amnesties for Crimes Against Civilians and Combatants who are Hors de Combat

Do States Amnesty Economic Crimes？

Restricting Amnesties and the Scope of the Duty to Prosecute

Conclusion

4 Towards Greater Accountability： The Role of Conditional Amnesties

Introduction

Which Conditions are Attached to Amnesties？

Amnesty for Surrender and Disarmament

Application Deadlines for Amnesties

Amnesty and Repentance

Amnesty and the Search for Truth

Amnesty and Repairing the Harm

Amnesty and Restorative Approaches to Justice

Lustration and Vetting Procedures and Amnesty

Enforcing Conditions and the Potential of Temporary Amnesties

Conclusion

Part Ⅱ Approach of Courts to Amnesties

5 Implementing the Amnesty： The Approach of National Courts

Introduction

Trends in the Responses of National Courts to Amnesty Laws

How have National Courts explained their Approach to Amnesty Laws？

Legality of Amnesty Processes Under Municipal Law

Legality of Amnesty Processes Under International Law

Adhering to the Separation of Powers Doctrine

Learning from Experiences Elsewhere

Promoting Peace and Reconciliation

Disclosing or Concealing the Truth

Conclusion

6 International Courts and National Amnesty Laws

Introduction

Whom do International Courts Hold Accountable？

Who has Standing？

When do International Courts have Jurisdiction to Rule on National Amnesties？

Potential to Create Change： How the Rulings of International Courts Can Affect National Amnesties？

Amnesties and Victims’ Rights： The Verdicts of the International Courts

Right to a Remedy

Duty to Investigate

Duty to Prosecute and Punish

Right to Reparations

Potential Approach of the International Criminal Court

Security Council Deferral （Article 16）

Complementarity （Article 17）

Non bis in idem （Article 20）

Prosecutorial Discretion （Article 53）

Conclusion

7 Beyond Territoriality： Transnational Prosecutions and Amnesties

Introduction

Jurisdiction of Courts in Third States to Rule on Amnesties Introduced Elsewhere

Treaty Law

Customary International Law

Domestic Law

Scope of Universal Jurisdiction within Third States

Role of Subsidiarity

Executive Discretion

Nexus Requirement’ and In Absentia Prosecutions

Selectivity

Ripple Effect’： The Impact of Investigations in Third States on National Amnesties

Conclusion

Part Ⅲ Views of Stakeholder Groups

8 Legal Obligations u Self-interest： The Contradictory Approach of International Actors to Amnesty

Introduction

What Motivates International Actors’ Decisions on Involvement in Domestic Amnesty Processes？

Attitudes of International Actors towards Amnesties

Diplomatic Pressure

Economic Pressure

Legal Pressure

Military Pressure

Conclusion

9 Prioritising Needs： Amnesties and the Views of Victims

Introduction

Research on Victims

Identifying Victims and their Needs

How do Amnesty Laws Affect Victims？