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By Ntoubandi, F.Z.

Drawing on crystallizing tendencies in State's perform in appreciate of amnesty, this booklet offers a complete criminal framework during which promises of amnesty should be reconciled with the obligation to prosecute center crimes lower than foreign legislation.

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Extra info for Amnesty for Crimes against Humanity under International Law

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This amnesty will cover all those who participated as direct or indirect perpetrators or as accomplices in the above-mentioned crimes. The pardon will extend to those referred to in Article 6 of the Law of National Reconciliation . . In sum, amnesty generally covers persons who have committed offences in the course or in relation to a speci¿c conÀict. While amnesty clauses in international peace treaties tend to exclude common crimes from their operation, some domestic amnesties do not differentiate between political crimes and common crimes; it is 97 98 99 100 101 102 103 104 N.

Therefore, in the opinion of Mahomed DP, knowing the truth about the past may serve as a justi¿cation for granting amnesty in that it may create a suitable climate required for reconciliation. However, Schlunck gives a much rational argument of the reasons that may induce national decision-makers to grant indemnity for massive crimes and gross violations of human rights. 79 Schlunck ¿nds transition from authoritarian rule to democracy dif¿cult as long as the former political elite is still very powerful.

However, Schlunck gives a much rational argument of the reasons that may induce national decision-makers to grant indemnity for massive crimes and gross violations of human rights. 79 Schlunck ¿nds transition from authoritarian rule to democracy dif¿cult as long as the former political elite is still very powerful. In the case of El Salvador 76 77 78 79 See n. 1 at 538–539. See chap. I, n. 31. At para. 17. See chap. I, n. 3 at 246–248. 26 CHAPTER 2 for example, members of the old regime still dominated the new democratically elected ARENA government, which came to power after the twelve-year war.

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