9 - Amnesties

Summary

This chapter examines the jurisprudential contributions of the Special Court for Sierra Leone on the treatment of the legality of blanket amnesties for crimes under international law and the key reasons the Special Court determined that domestic amnesties cannot apply to international crimes. The chapter argues that the Appeals Chamber reasoning on this complex legal issue could have been clearer. First, the Court’s decision to create a broad holding for a narrowly posed question was unnecessary. Second, it analyzes the confusing Appeal Chamber’s holding in support of the trial court’s determination that amnesties could not apply to international crimes. Third, the chapter questions the Appeals Chamber and its approach to the analysis of what constitutes universal jurisdiction and jus cogens crime under international law. Finally, it raises concerns that a blanket ban on all amnesties, even conditional ones that parts of popularly supported peace agreements, may impact the possibilities of securing peace and may even serve to prolong the continued commission of international crimes in complex conflict situations in Africa and around the world.