Research Handbooks in International Law series
Edited by Bartram S. Brown
Chapter 16: National amnesties, truth commissions and international criminal tribunals
William A. Schabas Amnesty is defined by the Oxford English Dictionary as ‘an act of forgetfulness, an intentional overlooking, a general pardon, esp. for a political offence’. The word is used in many languages, apparently derived from the same word in both Greek and Latin, amnestia, which means ‘forgetfulness’. The profound suspicion of criminal justice systems manifested at an early stage in the development of human rights law is reflected in the name chosen by one of the premier human rights non-governmental organizations, Amnesty International. But Amnesty International no longer looks very favourably on amnesties, as a general rule. Moreover, there is a growing body of authority indicating that amnesties are not only frowned upon by human rights law, they may even be prohibited.1 Often amnesties are explicitly set out in peace agreements. Such conventions make up a long list, going back to the mother of all international treaties, the 1848 Peace of Westphalia.2 The Lomé Agreement that ended the civil war in Sierra Leone provides a recent example, although amnesty provisions in peace treaties are as old as international law itself. Another comes from the dawn of international criminal justice, at the end of the First World War. The Treaty of Lausanne of 1923, which ended the war and determined the consequences of its aftermath with respect to Turkey, contained a ‘Declaration of Amnesty’ for all offences committed between 1 August 1914 and 20 November 1922.3 It replaced the Treaty of Sèvres of 1920, which was never accepted...
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