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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Pinochet and beyond: the international implications of amnesty
Author:O'Shea, AndreasISNI
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.
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