Puzzling over Amnesties: Defragmenting the Debate for International Criminal Tribunals

Abstract

This chapter provides a thorough overview of the elements that compose the fragmented debate on amnesties, whether in international law, within international criminal law and other levels, vertical and pluri-disciplinary. It focuses on the recognition in international criminal law and more specifically by international tribunals, most notably the International Criminal Court, but also any hybrid institution that might be created in the future to deal with a specific situation. The chapter considers how the institutional framework set up by the United Nations Transitional Administration in East Timor (UNTAET) chose to deal with the question of amnesties. Finally, it concludes defragmentation by considering the impact of pluridisciplinary fragmentation on international criminal tribunals. Keywords:amnesties; international criminal court; international criminal law; international criminal tribunals; UNTAET