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Rethinking Amnesties: Atrocity, Accountability and Impunity in Postconflict Societies

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Mallinder, Louise and McEvoy, Kieran (2011) Rethinking Amnesties: Atrocity, Accountability and Impunity in Postconflict Societies. Contemporary Social Science, 6 (1). pp. 107-128. [Journal article]

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URL: http://dx.doi.org/10.1080/17450144.2010.534496

DOI: 10.1080/17450144.2010.534496

Abstract

The notion of accountability that is propagated in transitional justice often appears limited to demands for the prosecution and imprisonment of those who have been involved in serious human rights violations. Amnesties, widely understood as the absence of punishment for wrongdoing, are in turn considered by many scholars and activists as an example par excellence of the kind of Faustian pacts which are made in the name of political expediency in transitions from conflict. Drawing from a range of interdisciplinary literature, as well as research completed by the authors in a number of societies with a violent past, this paper uses amnesties as a case study to argue for a more rounded interrogation of the notion of accountability in transitional justice. The paper charts the various forms of intersecting accountability which both shape and delimit amnesties at key ‘moments’ concerning their remit, introduction and operation. The paper concludes that the legalistic view of amnesties as equating to impunity and retribution as accountability is inaccurate and misleading. It argues that a broader perspective of accountability speaks directly to the capacity for amnesties to play a more constructive role in post-conflict justice and peacemaking.

Item Type:Journal article
Faculties and Schools:Faculty of Social Sciences
Faculty of Social Sciences > School of Law
Research Institutes and Groups:Transitional Justice Institute
ID Code:17287
Deposited By:Dr Louise Mallinder
Deposited On:22 Feb 2011 10:59
Last Modified:22 Feb 2011 10:59

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