The End of ‘the end of impunity’? The International Criminal Court and the Challenge from Truth Commissions

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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.
Original languageEnglish
JournalRes Publica
Volume16
Issue number2
Pages (from-to)209-225
Number of pages17
ISSN1356-4765
DOIs
Publication statusPublished - 2010

    Research areas

  • The Faculty of Law - International Criminal Court, Deterrence, Truth Commissions, Amnesties, Restorative Justice, Roche, Declan

ID: 19596622