Puzzling over amnesties : defragmenting the debate for international criminal tribunals
The diversification and fragmentation of international criminal law
Leiden : Martinus Nijhoff, 2012
This chapter first examines the human rights law and international humanitarian law approach to the question of amnesties; and more particularly a duty to prosecute human rights violations and grave breaches of humanitarian law or how duties to prosecute have developed in relation to other crimes of international law. It then examines how fragmentation within international criminal law (substantial, procedural and institutional) applies to the debate on amnesties. The study concludes that international criminal tribunals are under a statutory obligation to prosecute the crimes within their jurisdiction and amnesties will not be recognized in the absence of an express provision to the contrary in their Statute.