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Vol 24 No 12 Dec 19/Jan 20

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Cover of Merkin and Flannery on the Arbitration Act 1996

Merkin and Flannery on the Arbitration Act 1996

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Amnesty for Crimes against Humanity under International Law

ISBN13: 9789004162310
Published: November 2007
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £129.00

Despatched in 12 to 14 days.

Much of the recent scholarly writings and debates on amnesty have revolved around its lawfulness, when granted in respect of the most serious crimes under international law committed in the context of civil armed conflicts. The inconclusiveness of international law on this issue - with positive international law and opinio juris calling for criminal prosecution, and State's practice favouring practical political solutions - does nothing more than deepening the confusion already affecting the international legality of national amnesties.

Building on emerging trends in State's practice, this book attempts to clarify the question of the legality of national amnesties for crimes against humanity by suggesting a compromised legal framework within which amnesty and accountability can both be accommodated.

International Criminal Law
Chapter 1: General Introduction
Chapter 2: The Concept of Amnesty
Chapter 3: Crimes against Humanity in International Law
Chapter 4: Individual Criminal Liability for Crimes against Humanity
Chapter 5: States Obligations in Respect of Crimes against Humanity
Chapter 6: Amnesty Law in South Africa: Assertion of An Amnesty Exception to The General Prohibition of Crimes against Humanity
Chapter 7: International Law And The Rejection of The Amnesty Exception Argument
Chapter 8: General Concluding Assessment And Suggestions