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Vol 21 No 10 Oct/Nov 2016

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Amnesty in International Law


ISBN13: 9780582437937
ISBN: 0582437938
Published: March 2004
Publisher: Pearson Education Ltd
Country of Publication: UK
Format: Hardback
Price: £55.99



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Amnesty in International Law: The Legality under International Law of National Amnesty Laws""National amnesty laws that purport to erase criminal and civil liability of agents of a prior regime alleged to have violated basic human rights of individuals attempt to edit life s irreversible and un-editable record.""In this polemical book, the author presents a rigorous legal analysis of national amnesty laws - often called transitional or transformative justice - that seek to exculpate human rights violators from liability for criminal conduct under both national and international law.

The issue is examined from several perspectives:-

  • that human rights are inalienable property rights, vested only in the individual, which no state can nullify without demonstrating transfer of title of that property from the individual to the state itself;
  • that generally accepted treaty norms and principles of customary international law deny the legality of amnesties offered under national law;
  • of conflicting legal traditions, where the idea of national amnesty laws is counter to the dominant positive human rights law tradition;
  • that current state practice of acquiescing with some national amnesty laws, and challenging others, points to the development of a new norm of customary international law on the matter.
  • A model is developed for distinguishing legally sustainable national amnesty laws from unsustainable ones the VANPAJR test.
The author concludes that any scope of national amnesty laws to expunge criminal or civil liability of human rights violators is ultimately unsustainable under international law.

Contents:
Acknowledgements
Abbreviations
Table of Cases and Incidents
Table of Treaties and Declarations
Preface
Chapter 1 Problematizing Amnesty in International Practice
Chapter 2 Amnesty and the Limit of State Discretion and Constraint in International Law
Chapter 3 The Rights, Justice Dynamic and Physiological Needs of the State
Chapter 4 Schizophrenic State Practice: To Constrain or to Authorise Amnesty Granted to Agents of a Previous Government Alleged to Have Violated Basic Human Rights of Individuals.
Chapter 5 Amnesty, State discretion and International Constraint: What Model?
Chapter 6 Future of Amnesty in International Law
Chapter 7 Conclusions