A/HRC/12/18
page 17
52. The growing realization that justice and peace are mutually reinforcing is reflected in
current international law and United Nations policy on amnesties. Under various sources of
international law and United Nations policy, amnesties are impermissible if they prevent
prosecution of individuals who may be criminally responsible for war crimes, genocide, crimes
against humanity, gross violations of human rights,4 or serious violations of international
humanitarian law. Both international law and United Nations policy also recognize the right of
victims to an effective remedy, including reparations, and the right of victims and societies to
know the truth about violations.5 The continuing work of the United Nations in the area of justice
and peace, particularly with regard to amnesties, aims to safeguard room for justice both during
and after peace processes.
53. The lawfulness of amnesty for war crimes, genocide and crimes against humanity was
first questioned in relation to the 1999 Lomé Peace Agreement between the Government of
Sierra Leone and the Revolutionary United Front, which contained a broad amnesty. Upon
witnessing the Agreement, the Special Representative of the Secretary-General in Sierra Leone
appended a disclaimer to his signature, reading “The United Nations does not recognize amnesty
for genocide, crimes against humanity, war crimes, and other serious violations of international
humanitarian law.”
54. The United Nations position has subsequently been upheld in Angola, the Sudan and
Uganda, where United Nations representatives have first attempted to limit the scope of
amnesties and, if unsuccessful, have appended a reservation to their signatures. Upon witnessing
the 2002 memorandum of understanding between the Angolan Armed Forces and the National
Union for the Total Independence of Angola (UNITA), the Special Representative of the
Secretary-General entered a reservation on the non-recognition by the United Nations of any
blanket amnesty. In the Sudan, the Government agreed to delete a blanket amnesty clause from
the 2004 Agreement between the Government and the Sudan People’s Liberation Movement.
The Government of Uganda and LRA similarly removed a blanket amnesty clause from
the 2008 agreement on disarmament, demobilization and reintegration.
55. States have the duty to combat impunity and to ensure effective investigation and
prosecution of those responsible for serious violations of international law. The simultaneous
pursuit of national peace processes and international justice is further grounded in experience.
4
Gross violations of human rights include torture and similar cruel, inhuman or degrading
treatment; extrajudicial, summary or arbitrary executions; slavery; enforced disappearances; and
rape and other forms of sexual violence of comparable gravity.
5
See the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims
of Gross Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law (General Assembly resolution 60/147), the Updated Set of principles for the
protection and promotion of human rights through action to combat impunity
(E/CN.4/2005/102/Add.1) and the Study on the right to the truth (E/CN.4/2006/91).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents