"limits of national amnesty legislation under international criminal law"

Stoltz,  Anne Christine

"limits of national amnesty legislation under international criminal law"

Thesis / Dissertation

2000

Publisher

University of Cape Town

Department

Centre for Law and Society

Faculty

Faculty of Law

Abstract

International law traditionally refers to the actions of sovereign states as subjects of international law and thus provides no punishment for individuals. 1 It has however been established as a general rule since the Nuremberg trials2 after World War II that international law in certain cases also imposes duties and liabilities upon individuals as well as upon states. 3 The Court emphasised that violations of international law cart be committed by men and not by abstract entities. Therefore, the punishment of individuals coexists as a sanction next to the classic international liability for states for their wrongful acts. (torts and damages). The crimes individuals can be held liable for are the ones now held to be of international jurisdiction. The categories of offences were established by the Nuremberg trials, stating that war crimes, crimes against peace and crimes against humanity should be under international jurisdiction. There is, however no straightforward way in international law to deal with these issues.4 Historically, the international community taken as a whole has relied upon four alternative options for responding to such crimes.

Keywords

National amnesty legislation

Criminal law

Reference:

Collections

Masters

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