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Download e-book for kindle: Amnesty for Crime in International Law and Practice by Andreas O'Shea

By Andreas O'Shea

ISBN-10: 1417555246

ISBN-13: 9781417555246

ISBN-10: 9041117598

ISBN-13: 9789041117595

This booklet features a entire and well-researched research of the connection among municipal amnesty legislation and constructing ideas of foreign felony legislation. It pursues a direction in the direction of defining standards for reconciling those smooth fields of transitional justice. It concludes with a concrete inspiration for the foreign group of states.

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Note 98 supra, at 576. 26 Amnesty for Crime in International Law and Practice settlement and peace itself is fragile, assailable and ultimately ephemeral. Reconciliation is therefore a catalyst for lasting peace. As a gesture of atonement for past wrongs, amnesty - by implication if not expressly - always, inter alia, serves the function of reconciliation. When given its most auspicious meaning, reconciliation refers to the process of making friends again or re-instituting alliances after estrangement.

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.

50 Ibid, at 208. 51 Ibid, at 233-42. 52 See page 15 infra. 53 Article xvii of the Treaty of San Stefano and Article ix of the Treaty of Constantinople: see Toynbee. note 24 supra, at 968 and 1001. respectively. 43 Emergence, Development and Rationale 15 broader in that they applied not only to combatants and supporters but to all those compromised by the war. The European experience of the seventeenth to nineteenth centuries appears to demonstrate that amnesty was most likely to be adopted as a measure when there was no clear victor, and where the negotiating parties had a firm and genuine determination to establish a lasting peace.

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

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