The End of ‘the end of impunity’? The International Criminal Court and the Challenge from Truth Commissions

With its express intention ‘to put an end to impunity’, the International Criminal Court (ICC) faces a substantial challenge in the shape of conditional amnesties granted in future national truth commissions (TCs)—a challenge that invokes fundamental considerations of criminal justice ethics. In thi...

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Bibliographic Details
Published in:Res publica (Liverpool, England) England), 2010-05, Vol.16 (2), p.209-225
Main Author: Holtermann, Jakob v. H.
Format: Article
Language:English
Subjects:
Amnesty
Courts
Criminal Justice
Education
Ethics
International Court
International law
Legal History
Philosophy
Philosophy of Law
Political Philosophy
Political Theory
Theories of Law
Truth
Truth and Reconciliation Commissions
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Summary:With its express intention ‘to put an end to impunity’, the International Criminal Court (ICC) faces a substantial challenge in the shape of conditional amnesties granted in future national truth commissions (TCs)—a challenge that invokes fundamental considerations of criminal justice ethics. In this article, I give an account of the challenge, and I consider a possible solution to it presented by Declan Roche. According to this solution the ICC-prosecutor should respect national amnesties and prosecute and punish only those perpetrators who have refused to cooperate with the TC. I argue, however, that this compromise is untenable. As a general rule, if we justify the ICC on grounds of deterrence we should not accept conditional amnesties granted in national TCs.
ISSN:1356-4765
1572-8692
DOI:10.1007/s11158-010-9111-5