Law Commons^™

Did The Special Court For Sierra Leone Work?, Simon M. Meisenberg

FIU Law Review

No abstract provided.

Of Amnesty, Pendulums, And Peremptory Norms, William Schabas

FIU Law Review

No abstract provided.

The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe

Georgia Journal of International & Comparative Law

No abstract provided.

A Break With The Past Or Justice In Pieces: Divergent Paths On The Question Of Amnesty In Argentina And Colombia, Douglas Jacobson

Georgia Journal of International & Comparative Law

No abstract provided.

Amnesty Or Accountability: The Fate Of High-Ranking Child Soldiers In Uganda's Lord's Resistance Army, Stella Yarbrough

Vanderbilt Journal of Transnational Law

In May 2013, Uganda surprisingly resurrected its amnesty provision for two more years after having let it lapse only a year earlier. Uganda's vacillation likely represents its competing desires to grant amnesty to low-level actors in the Lord's Resistance Army (LRA) and to end impunity for decades of gross human rights violations in accordance with international criminal law. However, instead of crafting an amnesty provision that would satisfy both of these needs, Uganda reinstated the same "blanket" amnesty, or all-inclusive pardon, found in the Amnesty Act of Uganda (2000) (Act). As a result, high-level LRA actors like Thomas Kwoyelo and …

To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson

Penn State Journal of Law & International Affairs

More than three decades of war and hundreds of thousands killed or brutalized by the actions of warlords and insurgent commanders vying for power comprise the backdrop of modern Afghanistan. As Afghanistan continues toward a new era, seeking democracy in a country where tribal affiliations and ethnic groups often usurp any sense of patriotism, the reconciliation of armed fighters while providing an adequate grievance process for victims of war crimes must take priority in the process adopted to unify the Islamic Republic of Afghanistan. This comment explores the current attempt by the Islamic Republic of Afghanistan to provide a system …

Vincent Druliolle On Unearthing Franco's Legacy: Mass Graves And The Recovery Of Historical Memory In Spain. Edited By Carlos Jerez-Farrán And Samuel Amago. Notre Dame, In: University Of Notre Dame Press, 2010. 410pp., Vincent Druliolle

Human Rights & Human Welfare

A review of:

Unearthing Franco's Legacy: Mass Graves and the Recovery of Historical Memory in Spain. Edited by Carlos Jerez-Farrán and Samuel Amago. Notre Dame, IN: University of Notre Dame Press, 2010. 410pp.

Christina M. Cerna On Truth And Reconciliation In South Africa, Did The Trc Deliver? Edited By Audrey R. Chapman And Hugo Van Der Merwe. Philadelphia: University Of Pennsylvania Press, 2008. 346 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

Truth and Reconciliation in South Africa, Did the TRC Deliver? Edited by Audrey R. Chapman and Hugo van der Merwe. Philadelphia: University of Pennsylvania Press, 2008. 346 pp.

Establishing A Precedent In Uganda: The Legitimacy Of National Amnesties Under The Icc, Robin B. Murphy

ExpressO

After 14 years of unconscionable wrath against local civilians, including enforced recruitment of thousands of child soldiers, the rebel group The Lord’s Resistance Army (“LRA”) was offered amnesty by the Ugandan government in 2000. However, as the conflict continued unabated, the Ugandan government, for the first time in the history of the Court, referred its case to the International Criminal Court (“ICC”). The ICC Prosecutor announced the beginning of an investigation and issued warrants for seven top LRA officers in October of 2005. The potential ICC prosecution raises many questions about the jurisdiction of the new court, including whether the …

From The Exile Files: An Essay On Trading Justice For Peace, Michael P. Scharf

Faculty Publications

In the spring and summer of 2003, the United States offered exile in lieu of invasion and prosecution to two rogue leaders accused of committing international crimes - Iraqi President Saddam Hussein (who declined) and Liberian President Charles Taylor (who accepted). In this essay, the author argues that the offer to Hussein was inappropriate, as it violated international treaties requiring prosecution, but that the offer to Taylor was permissible under international law. The essay examines the costs and benefits of amnesty and exile-for-peace deals and the limited nature of the international duty to prosecute. Where the duty to prosecute does …

Rethinking Amnesty, Milena Sterio

Law Faculty Articles and Essays

This Article will focus on the issue of accountability under the existing international law and will address the following question: Is there a duty to prosecute perpetrators of human rights abuses? Furthermore, if there is such a duty, what are its precise contours, its reach and its limits? Can amnesty laws and truth commissions ever be legal despite the evolving body of human rights law that seems to dictate the absolute assurance of those rights? Part I of this Article will examine the existing accountability mechanisms, while evaluating their respective strengths and weaknesses. Part II will focus on the existing …

Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.

Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.

The Amnesty Exception To The Jurisdiction Of The International Criminal Court, Michael P. Scharf

Faculty Publications

This article examines the paradoxical question of whether the International Criminal Court will require justice at the expense of peace. Notwithstanding the popular catch phrase of the 1990s - "no peace without justice"' - peace and justice are sometimes incompatible goals. To end an international or internal conflict, negotiations must often be conducted with the very leaders who were responsible for war crimes and crimes against humanity. When this is the case, insisting on criminal prosecutions can prolong the conflict, resulting in more death, destruction, and human suffering.

Discussant, In Response To Justice Richard J. Goldstone, 1998 Otto L. Walter Lecture: International Human Rights At Century’S End, Stephen Ellmann

Articles & Chapters

No abstract provided.

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher

ILSA Journal of International & Comparative Law

I am fortunate to have as a foundation for my remarks Professor Roht-Arriaza's lucid presentation of the principal sources of international law bearing on amnesties for gross violations of human rights.

Treaty Of Peace Of Brest-Litovsk Between Germany, Austria-Hungary, Bulgaria, And Turkey On The One Hand, And Russia On The Other: Together With A German-Russian Agreement Supplementary To The Peace Treaty (3 March 1918)

International Law Studies

No abstract provided.