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Periodical article | Leiden University catalogue | WorldCat |
Title: | Pinochet and beyond: the international implications of amnesty |
Author: | O'Shea, Andreas |
Year: | 2000 |
Periodical: | South African Journal on Human Rights |
Volume: | 16 |
Issue: | 4 |
Pages: | 642-668 |
Language: | English |
Geographic term: | South Africa |
Subjects: | international criminal law amnesty |
External link: | https://doi.org/10.1080/02587203.2000.11827609 |
Abstract: | Taking as its point of departure the recent legal decisions pertaining to the extradition of the former Chilean dictator, Augusto Pinochet Ugarte, the author analyses certain aspects of the relationship between national amnesty laws and developments in international criminal law, notably the extent to which international recognition of national amnesties is desirable in order to reconcile the national needs of truth, peace and reconciliation with the emerging regime for the enforcement of international criminal law. He notes that the extraterritorial implications of amnesty are indirect and political rather than legal. He acknowledges that while South Africa's amnesty model could be construed in line with the State's future obligations under the Rome Statute of the International Criminal Court, it does raise serious arguments in support of the desirability of international recognition of national amnesties. However, he rejects the suggestion of employing the International Criminal Court prosecutor's discretion as a means of achieving such recognition. Notes, ref., sum. |