Amnesty for Crime in International Law and Practice by Andreas O'Shea

By Andreas O'Shea

A complete examine of the connection among municipal amnesty legislation and constructing rules of foreign legal legislation. This ebook pursues a direction in the direction of defining standards for reconciling those gentle fields of transitional justice. It concludes with a concrete suggestion for the foreign group of states.

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European state-practice, from its inception some 500 years ago, heralded the development of modem international law. From this grew a trend of incorporating amnesties in peace treaties, following a number of European wars. 16 It arose out of the Revolt of Bohemia,17 which had been rooted in 10 11 12 13 Grotius, De Jure Belli ac Pads, 1652, 794. 2, cited by Grotius idem. See Michael Grant, The Twelve Caesars, 1975, at 45. See Michael Grant, Julius Caesar, 1969, at 227-8. 14 See Wolff, Jus Gentium Methodo Scientifica Pertractatum, 1764, V.

It is difficult to judge the contribution of the amnesty to this, but the Peace of Westphalia appears to have worked. 23 The Treaty of Westphalia set the stage for a regular inclusion of amnesty clauses in European peace treaties throughout the 17th and 18th centuries. France appears to have adopted a penchant for amnesty clauses after its wars of the 17th century, during the reign of Louis XTV. Three major peace treaties between France and other European powers during this period incorporate amnesty clauses.

Note 24 supra, at 968 and 1001. respectively. 43 Emergence, Development and Rationale 15 broader in that they applied not only to combatants and supporters but to all those compromised by the war. The European experience of the seventeenth to nineteenth centuries appears to demonstrate that amnesty was most likely to be adopted as a measure when there was no clear victor, and where the negotiating parties had a firm and genuine determination to establish a lasting peace. Twentieth-century Europe was characterized by two major international conflicts involving ultimate victory for one side.

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