The Case for the Moral Permissibility of Amnesties: An Argument from Social Moral Epistemology

Abstract

This paper makes the case for the permissibility of post-conflict amnesties, although not on prudential grounds. It argues that amnesties of a certain scope, targeted to certain categories of perpetrators, and offered in certain contexts are morally permissible because they are an acknowledgment of the difficulty of attributing criminal responsibility in mass violence contexts. Based on this idea, the paper develops the further claim that deciding which amnesties are permissible and which ones are not should be decided on a case-by-case basis. Against what seems to be an increasingly popular assumption of some international actors, just as "blanket" amnesties (i.e. very broad and general amnesties that foreclose criminal prosecution for all kinds of perpetrators and all kinds of wrongdoing) are impermissible, so is an absolutist rejection of all types of amnesties.