By Ntoubandi, F.Z.

ISBN-10: 9004162313

ISBN-13: 9789004162310

ISBN-10: 9047422309

ISBN-13: 9789047422303

Drawing on crystallizing tendencies in State's perform in appreciate of amnesty, this e-book offers a finished criminal framework in which delivers of amnesty might be reconciled with the obligation to prosecute center crimes below foreign legislation.

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Additional info for Amnesty for Crimes against Humanity under International Law

Sample text

97 at 847. Law No. J. Kritz, chap. I, n. 3 at 477–479. Article 1. Article 4. Decree No. 486 of 20 March 1993. THE CONCEPT OF AMNESTY 31 suf¿cient that the crime was committed in the course of the conÀict. However, domestic as well as international amnesties converge in excluding private obligations, such as the obligation to pay a certain amount of money, or to pay a debt contracted during the conÀict, from the scope of amnesty. Legal Effects and Consequences of Amnesty The granting of amnesty has signi¿cant consequences on the ability of the judiciary to perform its sovereign task within a given democratic society, namely that of applying the law.

For example, the necessity to rehabilitate American soldiers, who THE CONCEPT OF AMNESTY 25 violated the laws of war during the Vietnam War, was advanced by Weisman as justi¿cation for his call for amnesty. He held the view that: To deny amnesty now would mean that potentially over 100,000 young, educated Americans would be effectively ostracized from society. Not only would these individuals face jail sentences but they would also face a future life marred by the political and civil disabilities which accompany a felony conviction.

In the context of an international armed conÀict, rehabilitation is usually raised as a justi¿cation for granting amnesty to those who violated military laws during the conÀict. For example, the necessity to rehabilitate American soldiers, who THE CONCEPT OF AMNESTY 25 violated the laws of war during the Vietnam War, was advanced by Weisman as justi¿cation for his call for amnesty. He held the view that: To deny amnesty now would mean that potentially over 100,000 young, educated Americans would be effectively ostracized from society.

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Amnesty for Crimes against Humanity under International Law by Ntoubandi, F.Z.


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