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International Law in Domestic Courts - A Casebook edited by Nollkaemper, André; Reinisch, August; Janik, Ralph; Simlinger, Florentina

16 Amnesties

Claudia Martin

From: International Law in Domestic Courts: A Casebook

Edited By: André Nollkaemper, August Reinisch, Ralph Janik, Florentina Simlinger

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 May 2019

Subject(s):
Disappearances — Crimes against humanity — Amnesty — Grave breaches of the 1949 Geneva Conventions — Relationship between international and domestic law — Customary international law

This chapter focuses on amnesty laws in Latin America and the principles of accountability developed by the Inter-American Commission and the Inter-American Court of Human Rights. It first considers the jurisprudence of the Inter-American system on amnesty laws before discussing the interaction between the international and domestic courts in applying the principles of accountability. In particular, it reviews cases dealing with the permanent nature of the crime of forced disappearance; the direct application of international human rights law by domestic courts; the application of international humanitarian law and the grave breaches provisions; gross human rights violations as crimes against humanity under customary law and the jus cogens obligation to prosecute them; the duty to investigate and prosecute in cases of ‘fraudulent res judicata’; and the duty to investigate and prosecute and the proportionality of the punishment.

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