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Necessary Evils

Criminal Law

Necessary Evils Amnesties and the Search for Justice

Name: Necessary Evils
Brand: Cambridge University Press
SKU: 9780521895255
Price: 781.82 HKD
Availability: OutOfStock
Author: Mark Freeman
ISBN: 9780521895255

By Mark Freeman

Cambridge University Press March 2010

Specifications

ISBN-13: 9780521895255
Publisher: Cambridge University Press
Publication: March 2010
Format: Hardback
Jurisdiction: International ? Countri(es) for reference only

Details

This book is about amnesties for grave international crimes that are adopted by states 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 revitalize the global debate on the subject, and to offer an original framework for resolving amnesty dilemmas when they arise. Most existing 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.

Contents:: 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; 10. Specific amnesty design choices; 11. Conclusions.