ABSTRACT
This chapter focuses on key questions concerning the mechanism and explains important examples throughout the discussion. 'Amnesty' originates from the Greek word 'amnestia', which means 'forget- fulness', or 'oblivion'. Developments in Latin America are unavoidable when studying or examining amnesty. This relates to the human rights atrocities that occurred in the region. Proponents of amnesties would argue that the move to enacting amnesty legislation avoiding prosecutions and aaccountability is based on achieving peace, especially in post-conflict reconstruction. The Human Rights Committee's pronouncements on the issue have not been conclusive. The Committee monitors the implementation of the 1966 International Covenant on Civil and Political Rights, in force since 1976. Several commentators have noted that there is a customary international law duty to prosecute perpetrators of crimes against humanity, and that granting amnesty to such individuals violates international law. Importantly, granting amnesty was seen as being more reflective of indigenous cultural traditions.
