Necessary Evils
Amnesties and the Search for Justice

This book is about amnesties for grave international crimes that states adopt in moments of transition or social unrest.

Mark Freeman (Author)

9781107403239, Cambridge University Press

Paperback / softback, published 18 August 2011

376 pages
22.9 x 15.2 x 2 cm, 0.5 kg

"Freeman is an engaging writer who, while clearly an advocate for amnesties, provides a holistic analysis of current amnesty trends. He carefully constructs a book that links the academic insights to thorough and insightful application."
Human Rights Brief, Anna Maitland, American University

This book is about amnesties for grave international crimes that states adopt in moments of transition or social unrest. The subject is naturally controversial, especially in the age of the International Criminal Court. The goal of this book is to reframe and revitalise the global debate on the subject and to offer an original framework for resolving amnesty dilemmas when they arise. Most literature and jurisprudence on amnesties deal with only a small subset of state practice and sidestep the ambiguity of amnesty's position under international law. This book addresses the ambiguity head on and argues that amnesties of the broadest scope are sometimes defensible when adopted as a last recourse in contexts of mass violence. Drawing on an extensive amnesty database, the book offers detailed guidance on how to ensure that amnesties extend the minimum leniency possible, while imposing the maximum accountability on the beneficiaries.

Part I. The Debate on Amnesties: 1. Introduction
2. Defining amnesty
3. Amnesties and impunity
4. Amnesties and international law
5. Amnesties and the ICC
6. The evolving UN position on amnesties
7. Conclusions
Part II. The Design of Amnesties: 8. Introduction
9. Last recourse threshold
10. Overarching parameters for amnesty design
11. Specific amnesty design choices
12. Conclusions.

Subject Areas: International humanitarian law [LBBS], Peace studies & conflict resolution [GTJ]