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Examining the Use of Amnesties and Pardons as a Response to Internal Armed Conflict

  • Andrew G Reiter (a1)
Abstract

The use of amnesty for human rights violations has been heavily criticised on legal, ethical and political grounds. Yet amnesties have been the most popular transitional justice mechanisms over the past four decades, particularly in the context of internal armed conflict. States justify these amnesties by claiming they are important tools to secure peace. But how successful is amnesty in accomplishing these goals? This article seeks to answer this question by analysing the use and effectiveness of 236 amnesties used in internal armed conflicts worldwide since 1970. The article first creates a typology of the use of amnesty in the context of internal armed conflict. It then qualitatively examines the impact on peace of each type of amnesty. The article finds that most amnesties granted in the context of internal armed conflict have no demonstrable impact on peace and security. Yet amnesties granted as carrots to entice the surrender of armed actors occasionally succeed in bringing about the demobilisation of individual combatants or even entire armed groups. More importantly, amnesties extended as part of a peace process are effective in initiating negotiations, securing agreements, and building the foundation for long-lasting peace.

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Tricia D Olsen , Leigh A Payne and Andrew G Reiter , Transitional Justice in Balance: Comparing Processes, Weighing Efficacy (United States Institute of Peace Press2010)

Tricia D Olsen , Leigh A Payne and Andrew G Reiter , ‘Transitional Justice in the World, 1970–2007: Insights from a New Dataset’ (2010) 47 Journal of Peace Research 803

Kathryn Sikkink and Carrie Booth Walling , ‘The Impact of Human Rights Trials in Latin America’ (2007) 44 Journal of Peace Research 427

Mark Freeman and Max Pensky , ‘The Amnesty Controversy in International Law’ in Francesca Lessa and Leigh A Payne (eds), Amnesty in the Age of Human Rights Accountability (Cambridge University Press2012)

Naomi Roht-Arriaza and Lauren Gibson , ‘The Developing Jurisprudence on Amnesty’ (1998) 20 Human Rights Quarterly 843

Juan E Méndez , ‘Accountability for Past Abuses’ (1997) 19 Human Rights Quarterly 255

Diane Orentlicher , ‘Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime’ (1991) 100 Yale Law Review 2537.

Jaime Malamud-Goti , ‘Transitional Governments in the Breach: Why Punish State Criminals?’ (1990) 12 Human Rights Quarterly 1

Naomi Roht-Arriaza , ‘State Responsibility to Investigate and Prosecute Grave Human Rights Violations in International Law’ (1990) 78 California Law Review 449

Michael P Scharf , ‘The Letter of the Law: The Scope of the International Legal Obligation to Prosecute Human Rights Crimes’ (1996) 59 Law and Contemporary Problems 41

M Cherif Bassiouni , ‘International Crimes: Jus Cogens and Obligatio Erga Omnes’ (1996) 59 Law and Contemporary Problems 63

Diane Orentlicher , ‘“Settling Accounts” Revisited: Reconciling Global Norms with Local Agency’ (2007) 1 International Journal of Transitional Justice 10.

Max Pensky , ‘Amnesty on Trial: Impunity, Accountability, and the Norms of International Law’ (2008) 1 Ethics & Global Politics 1.

Louise Mallinder , ‘Can Amnesties and International Justice Be Reconciled?’ (2007) 1 International Journal of Transitional Justice 208.

Mark J Osiel , ‘Why Prosecute? Critics of Punishment for Mass Atrocity’ (2000) 22 Human Rights Quarterly 118

Stephen John Stedman , ‘Spoiler Problems in Peace Processes’ (1997) 22 International Security 5.

Tom Hadden , ‘Punishment, Amnesty and Truth: Legal and Political Approaches’ in Adrian Guelke (ed), Democracy and Ethnic Conflict: Advancing Peace in Deeply Divided Societies (Palgrave Macmillan2004) 196.

Jan Oskar Engene , ‘Five Decades of Terrorism in Europe: The TWEED Dataset’ (2007) 44 Journal of Peace Research 109

Nils P Gleditsch and others, ‘Armed Conflict, 1946–2001: A New Dataset’ (2002) 39 Journal of Peace Research 615.

Matthew Hoddie and Caroline Hartzell , ‘Civil War Settlements and the Implementation of Military Power-Sharing Arrangements’ (2003) 40 Journal of Peace Research 303.

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Israel Law Review
  • ISSN: 0021-2237
  • EISSN: 2047-9336
  • URL: /core/journals/israel-law-review
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