Dr Louise Mallinder & Prof Tom Hadden
The Amnesty Guidelines Project, funded by the Nuffield Foundation (Grant Ref AJU/40160), aims to produce and promote a set of guidelines and a related commentary setting out when, how and what forms of amnesty can be used to assist in the resolution of armed conflicts and other situations of mass human rights violations.
The text and commentary will be prepared by a group of internationally respected human rights and conflict resolution experts who are representative of the main world regions and of diverse approaches to issues of amnesty and impunity. The guidelines will be promoted by formal publication and widespread circulation to relevant international and national policymakers, jurists and civil society activists.
The amnesty guidelines and related commentary will be an important and useful resource for international and national policymakers and donors, civil society activists, legal professionals, and interdisciplinary scholars who work in the fields of transitional justice, conflict resolution and peacebuilding. Their main contribution will come from firstly clarifying the different forms of amnesty law that are currently in use by transitional states and secondly by exploring their respective status under international law, taking into account the ‘grey areas’ in the duty to prosecute. Given the central role that debates on amnesty laws often play in fragile political transitions, these guidelines have the potential to make a meaningful and practical contribution to the challenges faced by peacebuilders around the world.