By Andreas O'Shea
A complete examine of the connection among municipal amnesty legislation and constructing ideas of overseas legal legislation. This publication pursues a course in the direction of defining standards for reconciling those gentle fields of transitional justice. It concludes with a concrete idea for the foreign group of states.
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Additional resources for Amnesty for Crime in International Law and Practice
European state-practice, from its inception some 500 years ago, heralded the development of modem international law. From this grew a trend of incorporating amnesties in peace treaties, following a number of European wars. 16 It arose out of the Revolt of Bohemia,17 which had been rooted in 10 11 12 13 Grotius, De Jure Belli ac Pads, 1652, 794. 2, cited by Grotius idem. See Michael Grant, The Twelve Caesars, 1975, at 45. See Michael Grant, Julius Caesar, 1969, at 227-8. 14 See Wolff, Jus Gentium Methodo Scientifica Pertractatum, 1764, V.
Other such presidential amnesties have been declared by Tombalbaye in Chad, Ronas in the Philippines in 1948, Akkafo in Ghana and Taya in Mauritania. Albania, Algeria, Angola, Argentina, Chile, El Salvador, Nicaragua, Poland and South Africa have all promulgated amnesty laws. Most recently, Sierra Leone and Uganda have considered the introduction of such a law. edti. lawweb a\'alonintdip/indoch. yale. edwlawweb/avahn/mideast/campda\'. 1. htm. Some of the less well-known amnesties are referred to in the United States Library of Congress Country Reports.
Two famous early civil wars culminated in quite different approaches to dealing with the former enemy. The French Revolution was marked by the brutal execution of the French royal family. D. Omer-Cooper in Flint, ibid, at 381. htm. 86 The first was conditional87 and that of 1868 unconditional. 88 One should see this in the context of the time. 92 However, Confederate leaders and traitors were exempted from its purview. In the South American region one can cite an example of 1894 when President Jose de Marais became the first civilian president of Brazil and negotiated the end of a war in the south partly by granting amnesty to the rebels.