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

By Andreas O'Shea

A complete research of the connection among municipal amnesty legislation and constructing ideas of foreign felony legislations. This booklet pursues a direction in the direction of defining standards for reconciling those smooth fields of transitional justice. It concludes with a concrete notion for the overseas neighborhood of states.

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Yet even justice needs to be pursued within the context of its associated goal of lasting peace. Gentili notes: Therefore there is but one enduring principle, namely ustice. which lias been preserved in punishment and should be preserved also in taking vengeance and making conditions for the future. 108 It is difficult to conceptualise a meaningful peace without reconciliation. As long as former enemies continue to be hostile to each other, the root causes of war continue to foreshadow the peace 104 105 106 107 108 See Gentili.

87 According to Randall (idem), the conditions were similar to those of Lincoln's earlier proclamation: see infra. 88 Thomas A. Bailey and David M. Kennedy. The American Pageant. 7th ed.. at 457-8. 89 See Randall, note 86 supra, at 689. 90 Ibid, at 693. 91 Ibid, at 706. 92 For the text of the proclamation, see Randall, note 86 supra, at 696-7. 22 Amnesty for Crime in International La\\> and Practice post-Second World War peace agreements, both European and nonEuropean, that do not contain amnesty clauses.

Steiner and Alston list impunity and amnesty as distinct issues: see Henry J. Steiner and Philip Alston, International Human Rights in Context Law, Politics, Morals, 1996? at 1021. 3 Black's Law Dictionary defines liable as 'bound or obliged in law or equity: responsible: chargeable; answerable; compellable to make satisfaction, compensation or restitution': see Black's Law Dictionary, Revised Fourth Edition, 1968. at 1060. 4 See S. B. O. Gutto, 'Some Legal Comments on Hon. Waruru Kanja's Petition for Executive Clemency' (1982) Verfassung und Recht in Ubersee: Law and Politics in Africa, Asia and Latin America 289, at 295.

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