Amnesty In Peace Agreements
“All parties must ensure that the peace agreement ends nearly two decades of suffering inflicted on the civilian population. People need to be able to go home and rebuild their lives with dignity. CAPA covers amnesties granted during ongoing conflicts, through peace negotiations or post-conflict negotiations. From July 2020, ACPA will provide data on 289 amnesties introduced in all regions of the world between 1990 and 2016. According to the United Nations and the ICC, amnesty is theoretically prohibited to perpetrators of serious violations of human rights and international humanitarian law, although there is no treaty or international custom explicitly prohibiting amnesty for such crimes. However, the practice of states – and even the United Nations – reflects a much more nuanced reality. The amnesty was essential to involve armed combatants in peace negotiations and emerging political and security institutions. They fulfill the political functions of colonizing elite inclusion, continuity and stability. However, international standards are now invoked to exclude certain forms of amnesty. The project included a compilation of all amnesties in conflict situations from 1990 to 2016, which traced the timing and manner in which the amnesty took place and how it took part in the peace process and agreements. It provided empirical data to examine how amnesty, which was enacted during the conflict, contributes to political negotiations and the consequences of the international amnesty ban, in an attempt to influence and help determine which elites are involved in the process of political unification.
Finally, he assessed the relationship between amnesty, the involvement of armed actors and international standards. While amnesty is an inescapable reality, its use is destructive if it goes unpunished. Thus, with Washington`s approval in 2007, the Afghan parliament probably passed a general law of self-amnesty for all warlords, which served only to prolong the cycle of violence. Conditional amnesty laws, with clear, transparent and objective criteria, possibly associated with selective criminal prosecutions against those responsible for the most serious crimes, can have a constructive effect in a peace process. This is especially true when amnesty depends on disarmament processes or justice, truth or reparation programs. That is what happened in South Africa; This is the process underway in Niger, as evidenced by the release of former members of Boko Haram, an armed jihadist movement, which followed the government`s call to lay down their arms; And it is still the peace plan in Colombia for those who have not committed the most serious crimes. There can certainly be a good amnesty in the peace process. Some armed groups have not signed the agreement, which could be an obstacle to its success.