Book

The legitimacy of the Afghan amnesty law under international law

Catharina Hübner

Baden-Baden : Nomos, 2020

339 p.

978-3-8487-7910-9

English

Bibliography : p. 301-339

The continuing importance of amnesties, a form of impunity, is clearly illustrated by the example of Afghanistan. In 2010, the Afghan government announced the entry into force of a blanket and unconditional Amnesty Law. The declared aim of the law was to bring peace to Afghanistan. Whether this aim can be achieved through such a broad amnesty for serious international crimes is a tough question. The first part of this book examines whether the regulations of the Afghan Amnesty Law are compatible with Afghanistan’s (prosecutorial) obligations under international law. The second part makes proposals for a comprehensive peace process in Afghanistan to pave the way for lasting peace and reconciliation, justice and respect for the rule of law. The study analyses international statutes, conventions and documents as well as selected case law, state practice, United Nations practice and the academic debate on amnesties.