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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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Necessary Evils: Amnesties and the Search for Justice


ISBN13: 9780521895255
Published: March 2010
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £62.00
Paperback edition , ISBN13 9781107403239



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This book is about amnesties for grave international crimes that are adopted by states in moments of transition or social unrest. The subject is naturally controversial, especially in the age of the International Criminal Court. The goal of this book is to reframe and revitalize the global debate on the subject, and to offer an original framework for resolving amnesty dilemmas when they arise. Most existing literature and jurisprudence on amnesties deal with only a small subset of state practice and sidestep the ambiguity of amnesty’s position under international law. This book addresses the ambiguity head on and argues that amnesties of the broadest scope are sometimes defensible when adopted as a last recourse in contexts of mass violence. Drawing on an extensive amnesty database, the book offers detailed guidance on how to ensure that amnesties extend the minimum leniency possible, while imposing the maximum accountability on the beneficiaries.

Subjects:
International Criminal Law
Contents:
Part I. The Debate on Amnesties
1. Introduction
2. Defining amnesty
3. Amnesties and impunity
4. Amnesties and international law
5. Amnesties and the ICC
6. The evolving UN position on amnesties
7. Conclusions
Part II. The Design of Amnesties
8. Introduction
9. Last recourse threshold
10. Overarching parameters for amnesty design
10. Specific amnesty design choices
11. Conclusions.