ABSTRACT
This chapter examines international standards on amnesties and whether state practice has tended to conform to the standards. It explores the development of the position of the UN on amnesties, from the frequent endorsement of blanket amnesties in post-conflict situations to the condemnation of all forms of amnesty preventing the prosecution of serious crimes. The chapter looks at expert guidelines considering the acceptability of amnesty in link with efforts to deal with mass crimes. It discusses different types of state practice in relation to amnesties. The chapter draws on an original Peace Agreement Amnesties Database, and investigates whether states have tended to exclude serious crimes from pacification amnesties since 1970 and whether unlimited ones have been criticised by international peace negotiators. It reviews case studies from different parts of the world examining how state authorities, particularly senior courts, have responded to legal challenges against amnesty laws extending to serious crimes.
