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Vol 23 No 6 June/July 2018

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Amnesty for Crime in International Law and Practice

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ISBN13: 9789041117595
ISBN: 9041117598
Published: July 2002
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £154.00



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A comprehensive study of the relationship between municipal amnesty laws and developing principles of international criminal law. This book pursues a path towards defining criteria for reconciling these two delicate fields of transitional justice. It concludes with a concrete proposal for the international community of states.

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Subjects:
International Criminal Law
Contents:
Table of Treaties and Other Agreements. Table of Amnesty Laws and Decrees. Table of Cases. Abbreviations.
1. Introduction.
2. The Practice of Amnesty: Its Emergence, Development and Rational.
3. National Amnesty Laws.
4. The Rationale of Legal Liability and Amnesty.
5. Opting for Prosecution or Amnesty in a System of General Relativity.
6. Prosecution Pursuant to International Humanitarian Law Treaties.
7. Addressing Impunity through Human Rights Treaties and Related Instruments.
8. Defining the Parameters and Criteria for a General Norm against Impunity.
9. State Practice, Opinio Juris and a Duty to Prosecute.
10. Amnesty and Civil Liability.
11. Reconciling Municipal Amnesty with Global Justice: the need for a Protocol to the Rome Statute.
12. Conclusion Towards the Development of Principles for the Limitation of Municipal Amnesty Laws. Appendix: Draft Protocol. Bibliography. Index.