Canadian Consortium on Human Security
January 2008 I Vol 6, Issue 1
Amnesties as a Mechanism of Sustainable Justice
Dear Reader,
CCHS presents the first Human Security Bulletin of 2008. In this issue, we consider the use of amnesties as an instrument of transitional justice - a core pillar of the Human Security agenda.
In the ongoing ‘peace versus justice’ debate, amnesties in particular have been receiving significant publicity. Recent international media coverage has drawn attention to the International Criminal Court’s (ICC) indictments of several senior members of the Lord’s Resistance Army in Uganda. This has been accompanied by a high-profile debate on the validity of amnesties previously awarded to these LRA members by the Ugandan government. The debate is over whether or not the ICC’s indictments would invalidate legal proclamations made by the sovereign government of Uganda. Moreover, there are fears that peace talks in Juba, Sudan between the Ugandan government and the LRA could be jeopardized by the ICC’s involvement. Elsewhere, the overturning of amnesties granted to various persons in Latin American in the 1990s has raised questions about the applicability of international humanitarian law.
An amnesty is a form of executive or legislative clemency granted to perpetrators of genocide, war crimes and crimes against humanity. Amnesties have been used with varying results in cases as far apart as Sierra Leone and East Timor. They play a key role in not only ad hoc justice processes like those in Rwanda and Cambodia but also within the context of the ICC. Furthermore, they are a component of both retributive and restorative justice apparatuses. In situations where post-conflict justice mechanisms aim to strike the right balance between peace and justice, amnesties can be used as an important bargaining tool in conflict resolution and as insurance in conflict prevention. Alana Tiemessen presents a useful guide to understanding contemporary amnesty practices. She notes that some types of amnesties, if granted to perpetrators of violent crimes, run the risk of creating further instability in the short term, and entrenching a norm of impunity in the long term.
The contributors to this edition of the Bulletin focus on the political and human security implications that result when previously accorded amnesties interact with ongoing justice processes. Naomi Roht-Arriaza surveys the legal dilemmas that many Latin American governments confront in challenging amnesties awarded to former junta officials. The editorial by William Bourdon, President and Founder of SHERPA, a Paris-based NGO, discusses the tradeoffs involved in using amnesties on the road to peace. He cautions that if crimes go unpunished, they will forever plague a nation’s conscience. Erin Baines and Boniface Ojok present a nuanced analysis, based on their field research, of the use and effects of amnesties in Northern Uganda. They conclude that a mix of approaches will be needed to address the challenge of reconciliation in Uganda.
To complement the editorials, the CCHS team has compiled a list of key resources on amnesties in the Reports and Analysis section. This issue also showcases some of the latest Human Security Events and Publications both in Canada and internationally. You may contact us if you would like us to consider including any information under this section in future editions of the Human Security Bulletin.
CCHS News provides an update to the CCHS community on recent activities. The winners of the 2007-08 Human Security Fellowship competition were recently announced. This Bulletin edition features the profiles of three of our current Human Security Fellows: Heather Johnson, Erin Jessee, and Heather Exner-Pirot. The range of these Fellow’s respective research topics – rethinking the politics of borders and asylum, demonstrating genocidal intent, and examining human security in the Arctic – exemplifies the groundbreaking work of young Canadian researchers.
Also in January 2008, CCHS achieved a milestone in the history of its Fellowship Program. Since this program’s inception in 2001, it has awarded more than a million dollars to doctoral, post-doctoral, and non-academic Fellows.
We are grateful to William Bourdon, Naomi Roht-Ariazza, Erin Baines, and Boniface Ojok for their excellent editorials. CCHS would also like to thank Alana Tiemessen for sharing her knowledge of the field of transitional justice with the Bulletin editors, as well as for her written contribution.
The Bulletin’s next edition will focus on the dilemmas of negotiating with non-state armed groups. The violence that is perpetrated by these non-state actors is garnering increasing attention given the number of ongoing intrastate conflicts around the world. How the international community chooses to negotiate with them during times of peace and war poses both logistical and ethical problems. Our contributors will address these issues from a human security perspective.
We hope you enjoy this edition and welcome your feedback.
Mrinalini Menon
Managing Editor
Human Security Bulletin
