ABSTRACT

Amnesties used to be seen in a positive light in accordance with their function to facilitate peace settlements, release political prisoners and mitigate the effect of laws criminalising rebellion or imposing a death sentence. The idea that certain crimes threaten common values of the international community gave rise to the concept of international crimes and the emergence of the principle that persons responsible for these crimes are liable to punishment under international law. Fundamental human rights were codified in international and regional conventions requiring states to ensure their exercise by persons under their jurisdiction and guarantee a remedy to victims of violations. International courts and treaty bodies have relied on other legal bases to ground their decision to set aside amnesty laws covering serious crimes. The way in which international courts and treaty bodies have approached the issue of amnesty has varied depending on their particular mandate.