Much of the recent scholarly writings and debates on amnesty have revolved around its lawfulness, when granted in respect of the most serious crimes under international law committed in the context of civil armed conflicts. The inconclusiveness of international law on this issue - with positive international law and
opinio juris calling for criminal prosecution, and State's practice favouring practical political solutions - does nothing more than deepen the confusion already affecting the international legality of national amnesties. Building on emerging trends in State's practice, this book attempts to clarify the question of the legality of national amnesties for crimes against humanity by suggesting a compromised legal framework within which amnesty and accountability can both be accommodated.
Faustin Z. Ntoubandi, Ph.D. (2005) in International Law, University of Giessen, is Assistant Professor of Law at Giessen University since 2006.
Table of contents
Preface; Abbreviations; Chapter 1: General Introduction; Chapter 2: The Concept of Amnesty; Chapter 3: Crimes against Humanity in International Law; Chapter 4: Individual Criminal Liability for Crimes against Humanity; Chapter 5: States Obligations in Respect of Crimes against Humanity; Chapter 6: Amnesty Law in South Africa: Assertion of An Amnesty Exception to The General Prohibition of Crimes against Humanity; Chapter 7: International Law And The Rejection of The Amnesty Exception Argument; Chapter 8: General Concluding Assessment And Suggestions; Bibliography; Index.
All those involved in peace building and accountability in post-conflict societies, as well as lawyers, political scientists, interested domestic courts and international forums, human rights organisations, students and advanced scholars.