Amnistie e Giustizia Transitoria

SSRN Electronic Journal

Abstract

This contribution intends to examine whether and to what extent the granting of amnesties is to be considered legal under international law, also taking into account the position held by the UN. The first section clarifies the definition of amnesty, its logic as well as its different types, and, in particular, it analyzes the legality of the amnesty laws, with an examination of which types of crimes can be covered by an amnesty to make it compliant with standards international lawyers. The following section instead deals with the relationship between amnesties and the right to the truth. The fourth section examines, in particular, the role played by the Truth Commissions in transitional justice processes as well as their interaction - if any - with the laws of amnesty. The article concludes by making some observations on convergences and divergences of amnesties and on the importance (or otherwise) of Commissions for Truth, identifying risks and benefits.

Authors 1

1. Ginevra Le Moli corresponding Aachen

   Leiden University

   Affiliation as printed

   Leiden University