Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

REVOCATION OF ENDURING AMNESTIES VS. PRINCIPLE OF LEGALITY: JURISPRUDENTIAL CONTESTATIONS BETWEEN THE INTER-AMERICAN COURT OF HUMAN RIGHTS AND DOMESTIC COURTS

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of The Italian Yearbook of International Law Online

International human rights bodies have declared amnesties for serious human rights violations incompatible with human rights law. As a result, amnesties have been revoked many years after their award. They have thus enabled criminal prosecutions for alleged crimes committed in the distant past. This has particularly been the case in the Inter-American system. Currently, a long debate on the compatibility of amnesties with human rights norms is taking place. The present contribution focuses on a topic hitherto at the fringes of this debate; namely, whether the revocation of amnesties and the initiation of proceedings against the accused, many years after the award of the amnesty, are consistent with the principle of legality. Certain domestic courts have argued that they are not, while the Inter-American Court of Human Rights has decided otherwise. This Article reflects on the reasoning of both sides. It argues that the revocation of amnesties raises valid concerns as regards the principle of legality, which should be seriously considered by the Inter-American Court of Human Rights. It is suggested that the protection of the accused from the risk of a trial made unfair due to the passing of time and the rights of victims of access to justice require the performance of a more nuanced balancing exercise on the part of the Court.

Affiliations: 1: The Hague University of Applied Sciences, Faculty of Public Management, Law and Safety M.Vagias@hhs.nl

10.1163/22116133-90000160
/content/journals/10.1163/22116133-90000160
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/22116133-90000160
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/22116133-90000160
Loading

Article metrics loading...

/content/journals/10.1163/22116133-90000160
2017-10-11
2017-12-11

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Italian Yearbook of International Law Online — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation