Amnesty and impunity as a contradictory component of transitional justice mechanisms

Document Type : Original Article

Authors

1 Payame noor university

2 Professor at the Faculty of Law and Political Science, Tehran

3 Assistant Professor of International Law, Tehran

10.30510/psi.2022.322110.2878

Abstract

Abstract: The call for justice has often been at odds with formal efforts for peace. The purpose of transitional justice is based on guarantee of justice and peace at the same time, in some cases the avoidance of criminal prosecution or punishment in form of amnesty is necessary for peaceful transfer to take place. The purpose of this article is to investigate amnesty and impunity and its relationship with transitional justice using library method and filing tools. Amnesty is a paradoxical component of transitional justice mechanisms which some offenders are pardoned and not punished by the government. Amnesty violates the rights of victims to reparation and is inconsistent with the purposes of international law to punish perpetrators of serious human rights crimes. It creates perception that committing serious crimes can go unpunished. Perpetrators of human rights violations think they can escape punishment with amnesty. Amnesty for perpetrators may increase fear, instability and insecurity in society, so in order to counter impunity, human rights activists have condemned the use of amnesty as a tool for transitional justice.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 998-1008

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