Amnesty for crime in international law and practice / by Andreas O'Shea.
2002
JX6731.A6 Os22 2002 (Map It)
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Items
Details
Author
Title
Amnesty for crime in international law and practice / by Andreas O'Shea.
Published
The Hague ; New York : Kluwer Law International, [2002]
Copyright
©2002
Call Number
JX6731.A6 Os22 2002
ISBN
9041117598 (alk. paper)
Description
xxxiii, 376 pages ; 25 cm
System Control No.
(OCoLC)426733986
Bibliography, etc. Note
Includes bibliographical references (pages 337-355) and index.
Record Appears in
Table of Contents
Table of Treaties and Other Agreements
Table of Amnesty Laws and Decrees
Table of Cases
Abbreviations
Ch. 1
Introduction
1
Ch. 2
The Practice of Amnesty: Its Emergence, Development and Rationale
5
The emergence of the practice of amnesty
5
Development of the use of amnesty
7
Rationale
23
The current phase of development: The International legal question
33
Ch. 3
National Amnesty Laws
34
Amnesty Laws in Africa
36
The Latin Amnesty Laws
56
Other examples of national amnesty laws
68
Understanding transitional justice: From amnesty to legal liability
70
Ch. 4
The Rationale of Legal Liability and Amnesty
72
The rationale of criminal liability culminating in Punishment
75
Weighing the justifications of punishment and amnesty
82
The rationale of civil actions
87
Weighing the justifications of amnesty and civil Liability
89
Ch. 5
Opting for Prosecution or Amnesty in a System of General Relativity
95
Prosecution before national courts
96
The Nuremberg and Tokyo International Military tribunals
104
The international criminal tribunals for the former Yugoslavia and Rwanda
109
The international criminal court
121
Ch. 6
Prosecution Pursuant to International Humanitarian Law Treaties
134
The origin and scope of the right to prosecute for Violations of the law of armed conflict
134
An obligation to ensure the prosecution of violations of the laws of armed conflict
141
The obligation to prosecute in non-international armed conflicts
143
The treatment of humanitarian law by the South African Cape Provincial Division
151
The treatment of humanitarian law by the South African Constitutional Court
155
Ch. 7
Addressing Impunity through Human Rights Treaties and Related Instruments
160
The obligation to promote human rights
162
The obligation to secure the protection of human rights
166
The right to an effective remedy
171
Limitations on the right to and obligation of judicial protection
177
Treaties requiring the criminalization of specific human rights violations
184
Treaties requiring the punishment of specific international Crimes
189
Ch. 8
Defining the Parameters and Criteria for a General Norm against Impunity
197
The implications and scope of a customary duty to prosecute
197
Deriving a duty from the criminal nature of the prohibition
199
An obligation to prosecute deriving from the definition of a crime against international law
207
An obligation to prosecute deriving from the rules relating to state responsibility for the acts of individuals
209
Forms of state practice and opinio juris
213
Ch. 9
State Practice, Opinio Juris and a Duty to Prosecute
228
Torture
229
Genocide
238
Crimes against peace, war crimes and crimes against humanity
243
Slavery
251
Extra-judicial executions
252
Enforced disappearances
254
The development of a general rule for serious violations of human rights and crimes against international law
255
Effect of amnesty for serious human rights violations on the customary position
259
Ch. 10
Amnesty and Civil Liability
267
The right to reparations in terms of international law
270
Reconciling municipal amnesties for civil liability with international law
278
Evaluating some existing precedents on amnesty for civil liability
284
Dovetailing the normative restrictions on amnesty for criminal and civil liability
292
Ch. 11
Reconciling Municipal Amnesty with Global Justice: the need for a Protocol to the Rome Statute
294
The South African Model
295
Accommodating international requirements in the amnesty jurisprudence through the concept of the political offence
301
International effects of municipal amnesty
307
International recognition of municipal amnesty
310
Ch. 12
Conclusion Towards the Development of Principles for the Limitation of Municipal Amnesty Laws
320
The proper limits to municipal amnesties
321
Exemption from the national prosecution of international Offenders
323
Exemption from the duty to extradite or surrender the recipients of amnesty
325
Guidelines on the exceptional international recognition of amnesties for serious international crimes
325
The future development of principles for the limitation of national amnesty laws
327
App
Draft Protocol
330
Bibliography
337
Index
356