INTERNATIONAL CRIMES, VIOLATIONS AND GRANT OF AMNESTY

Abstract

The proliferation of international crimes, ranging from genocide, war crimes, crimes against humanity, to gross human rights violations, has posed significant challenges to the global legal and political order. These crimes not only disrupt peace and security but also undermine the principles of justice, accountability, and rule of law. In response, various mechanisms, including prosecutions, truth commissions, and reparations, have been employed to address these violations. However, the grant of amnesty has emerged as a contentious tool within transitional justice frameworks, often invoked to facilitate peace, reconciliation, and post-conflict stabilization. This paper critically examines the interplay between the commission of international crimes, state and non-state violations, and the political and legal implications of granting amnesty. It explores whether amnesty serves as a pragmatic instrument for ending armed conflicts or whether it constitutes an impediment to justice and accountability under international law. Drawing on comparative case studies, including conflicts in Africa, Latin America, and the former Yugoslavia, the study evaluates the legal permissibility of amnesty under international norms, the tension between peace and justice, and the ethical and moral considerations surrounding impunity. The research highlights the complexity of balancing the imperatives of conflict resolution with the necessity of upholding victims’ rights and international legal obligations. Ultimately, the paper argues for a nuanced approach to amnesty, advocating for conditional or restricted frameworks that align with international standards, promote reconciliation, and preserve the integrity of international criminal justice.