Amnesty in international law : the legality under international law of national amnesty laws /
Chigara, Ben,
Amnesty in international law : the legality under international law of national amnesty laws / Ben Chigara. - xv, 190 pages ; 24 cm
Includes bibliographical references and index.
Problematising National Amnesty Laws: State Practice -- National Amnesty Laws: Limits of State Discretion Under International Law -- The Rights, Justice Dynamic and Physiological Needs of the State -- Schizophrenic State Practice: To Prohibit or to Authorise National Amnesty Laws? -- Amnesty, State Discretion and International Constraint: What Model? -- Positive Human Rights Law Tradition: Exclusion of the National Amnesty Laws Tradition? -- Conclusions. 1. 2. 3. 4. 5. 6. 7.
"In this polemical book, the author presents a rigorous legal analysis of national amnesty laws - often called transitional or transformative justice - that seek to exculpate human rights violators from liability for criminal conduct under both national and international law." "A model is developed for distinguishing legally sustainable national amnesty laws from unsustainable ones - the VANPAJR test. The author concludes that any scope of national amnesty laws to expunge criminal or civil liability of human rights violators is ultimately unsustainable under international law."--BOOK JACKET.
0582437938 9780582437937
Amnesty
Criminal jurisdiction
341.52
Amnesty in international law : the legality under international law of national amnesty laws / Ben Chigara. - xv, 190 pages ; 24 cm
Includes bibliographical references and index.
Problematising National Amnesty Laws: State Practice -- National Amnesty Laws: Limits of State Discretion Under International Law -- The Rights, Justice Dynamic and Physiological Needs of the State -- Schizophrenic State Practice: To Prohibit or to Authorise National Amnesty Laws? -- Amnesty, State Discretion and International Constraint: What Model? -- Positive Human Rights Law Tradition: Exclusion of the National Amnesty Laws Tradition? -- Conclusions. 1. 2. 3. 4. 5. 6. 7.
"In this polemical book, the author presents a rigorous legal analysis of national amnesty laws - often called transitional or transformative justice - that seek to exculpate human rights violators from liability for criminal conduct under both national and international law." "A model is developed for distinguishing legally sustainable national amnesty laws from unsustainable ones - the VANPAJR test. The author concludes that any scope of national amnesty laws to expunge criminal or civil liability of human rights violators is ultimately unsustainable under international law."--BOOK JACKET.
0582437938 9780582437937
Amnesty
Criminal jurisdiction
341.52