The End of ‘the end of impunity’? The International Criminal Court and the Challenge from Truth Commissions
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With its express intention ‘to put an end to impunity’, the International Criminal Court (ICC) faces a substantial challenge in the shape of conditional amnesties granted in future national truth commissions (TCs)—a challenge that invokes fundamental considerations of criminal justice ethics. In this article, I give an account of the challenge, and I consider a possible solution to it presented by Declan Roche. According to this solution the ICC-prosecutor should respect national amnesties and prosecute and punish only those perpetrators who have refused to cooperate with the TC. I argue, however, that this compromise is untenable. As a general rule, if we justify the ICC on grounds of deterrence we should not accept conditional amnesties granted in national TCs.
Original language | English |
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Journal | Res Publica |
Volume | 16 |
Issue number | 2 |
Pages (from-to) | 209-225 |
Number of pages | 17 |
ISSN | 1356-4765 |
DOIs | |
Publication status | Published - 2010 |
- Faculty of Law - International Criminal Court, Deterrence, Truth Commissions, Amnesties, Restorative Justice, Roche, Declan
Research areas
ID: 19596622