David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Ethics and Global Politics 1 (2008)
An emerging consensus regards domestic amnesties for international crimes as generally inconsistent with international law. This legal consensus rests on a norm against impunity: the chief role of international criminal law, and of the fledgling International Criminal Court , is to end impunity for violators of the worst of criminal acts. But the anti-impunity norm, and the anti-amnesty consensus that has arisen from it, now face serious difficulties. The ICC's role in the ongoing conflict in Northern Uganda illustrates the deadlock that has now emerged between countries wishing to retain the power to use domestic politics and criminal law as tools for negotiation with current or outgoing perpetrators, on the one side, and the ICC's determination to apply a consistent international anti-impunity norm, on the other. The paper argues that the anti-impunity norm itself is based on a narrowly retributivist conception of criminal justice. A broader norm for democratic accountability, by contrast, would continue to prefer prosecutions over amnesties in international law, less for the opportunity for deserved retribution for perpetrators than for the public enactment of the deliberative procedures associated with the rule of law.Keywords: amnesty; impunity; international law; international criminal court
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Saba Bahar (1996). Human Rights Are Women's Right: Amnesty International and the Family. Hypatia 11 (1):105 - 134.
Benjamin Perrin (2012). Mind the Gap: Lacunae in the International Legal Framework Governing Private Military and Security Companies. Criminal Justice Ethics 31 (3):213-232.
Leif Wenar (2006). Accountability in International Development Aid. Ethics and International Affairs 20 (1):1–23.
Martha I. Morgan & Ruth Rubio-Marin, Constitutional Domestication of International Gender Norms: Categorizations, Illustrations, and Reflections From the Nearside of the Bridge.
Kenneth Anderson, Book Review: Stephen Hopgood, 'Keepers of the Flame: Understanding Amnesty International'. [REVIEW]
M. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law.
Jens Steffek (2010). Public Accountability and the Public Sphere of International Governance. Ethics and International Affairs 24 (1):45-68.
Ana Cecilia Vergara & Jorge Vergara Estévez (1994). Justice, Impunity and the Transition to Democracy: A Challenge for Human Rights Education. Journal of Moral Education 23 (3):273-284.
David Peterson, Vulliamy's Smears: Open Letter to Amnest International's London and Belfast Offices, on the Occasion of Noam Chomsky's Belfast Lecture  Edward S. Herman And.
Matthew Lister (2011). The Legitimating Role of Consent in International Law. Chicago Journal of International Law 11 (2).
R. Mary Hayden Lemmons (2011). The Indeterminacy Thesis and the Normativity of Practical Reason. Proceedings of the American Catholic Philosophical Association 85:265-282.
Added to index2010-08-24
Total downloads17 ( #110,877 of 1,410,127 )
Recent downloads (6 months)1 ( #177,743 of 1,410,127 )
How can I increase my downloads?