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Title:Amnesties as a trump to foreign prosecution of international crimes? A South African view
Author:Bosch, ShannonISNI
Year:2003
Periodical:The Comparative and International Law Journal of Southern Africa
Volume:36
Issue:2
Pages:138-158
Language:English
Geographic term:South Africa
Subjects:international criminal law
amnesty
offences against human rights
commissions of inquiry
Abstract:This article begins by setting the background to the South African amnesty process, and examining its application to the individual applicant (Part II). Part III explores whether the amnesties granted by the Truth and Reconciliation Commission (TRC) for international crimes were, first, legitimate amnesties under international law, and secondly, whether there remains an obligation upon foreign States to prosecute despite the amnesties. The international law obligations upon States are considered according to the source of the obligations, either in treaty law or customary international law. Part IV investigates the practical limitations on foreign prosecution in the face of a national amnesty. The focus here is largely on the concerns of jurisdiction, looking in turn at the State's jurisdiction to prescribe certain criminal conduct, and then at the jurisdiction to enforce its laws. Lastly, Part V examines the attitude towards amnesties as a defence to prosecutions for international crimes. Notes, ref., sum. [Journal abstract]
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