Source: (2010) Res Publica. 16:209–225.
With its express intention ‘to put an end to impunity’, the International
Criminal Court (ICC) faces a substantial challenge in the shape of conditional
amnesties granted in future national truth commissions (TCs)—a challenge that
invokes fundamental considerations of criminal justice ethics. In this article, I give
an account of the challenge, and I consider a possible solution to it presented by
Declan Roche. According to this solution the ICC-prosecutor should respect
national amnesties and prosecute and punish only those perpetrators who have
refused to cooperate with the TC. I argue, however, that this compromise is
untenable. As a general rule, if we justify the ICC on grounds of deterrence we
should not accept conditional amnesties granted in national TCs. (Author’s abstract).
Your donation helps Prison Fellowship International repair the harm caused by crime by emphasizing accountability, forgiveness, and making amends for prisoners and those affected by their actions. When victims, offenders, and community members meet to decide how to do that, the results are transformational.
Donate Now