Amnesties and transitional justice

The emergence of transitional justice has created considerable contestation over the use of amnesties to address violent crimes in armed conflict or political unrest. For some, amnesties are a mechanism that can contribute to achieving transitional justice goals such as peace and reconciliation. For others, amnesties are a form of impunity that inhibits the fulfilment of victims’ rights to truth, justice and reparations. This chapter draws on writings from law, political science, international relations and philosophy, as well as empirical data produced by Mallinder, to critically analyse how the nature, legality and impact of amnesties are understood within transitional justice. It argues that the emergence of transitional justice has contributed to growing legal restrictions on the use of amnesties and caused state practice on amnesties to evolve in light of changing international legal rules.