ABSTRACT
This chapter examines the transition from the amnesty tradition to the accountability paradigm underpinning contemporary claims that amnesties are prohibited with respect to serious crimes. It looks at the context into which the amnesty tradition emerged and reviews the amnesty provisions of major European peace treaties. The chapter considers the reasons underlying the practice according to prominent publicists of the period. It examines the evolution of the laws of war in the same period, and focuses on the emergence of a right to punish war criminals under international law and early instances of post-war trials. The chapter deals with an analysis of the peace settlements of the world wars foregrounding the development of the principle of individual liability for crimes against international law. Amnesty emerged as a component of European peace treaties during the fifteenth century. The Congress of Vienna and the demise of Napoleon began the Italian unification process.
