Rule-of-law Tools for Post-conflict States


image of Rule-of-law Tools for Post-conflict States
This tool identifies core principles that should guide United Nations personnel when confronted with draft amnesties that may be inconsistent with international law and United Nations policy. The first chapter defines amnesties, describes their use and distinguishes them from other legal measures that bear some similarities to amnesties but which are not addressed in this tool. Chapter II summarizes the principal rules of international law and United Nations policy that should guide the consideration of amnesties. Both of these chapters include examples of amnesties from many countries to illustrate the rules of international law and United Nations policy that are applicable when assessing a proposed amnesty. Chapter III considers the relationship of amnesties to processes of transitional justice. Finally, chapter IV provides further guidance to practitioners who may encounter questions when seeking to apply the legal principles summarized in the tool to ambiguous situations in the field.

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With the publication of Amnesties and National Consultations on Transitional Justice, the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations system’s lead entity on transitional justice, launches the third part of its series on transitional justice tools for post-conflict States. These publications are meant to help develop sustainable institutional capacity within United Nations missions, as well as to assist transitional administrations and civil society to better craft their responses to transitional justice needs.

English Chinese, Russian

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