Amnesties as a trump to foreign prosecution of international crimes? A South African view

This article will begin by setting the background to the South African amnesty process, and examining its application to the individual applicant (Part II). Part III will explore whether the amnesties granted by the TRC for international crimes were, first, legitimate amnesties under international law, and secondly, whether there remains an obligation upon foreign states to prosecute despite the amnesties. The international law obligations upon states will be considered according to the source of the obligations, either in treaty law or customary international law. Part IV will investigate the practical limitations on foreign prosecution in the face of a national amnesty. The focus here will be largely on the concerns of jurisdiction, looking in turn at the state's jurisdiction to prescribe certain criminal conduct, and then at the jurisdiction to enforce its laws. Lastly, Part V will examine the attitude towards amnesties as a defence to prosecutions for international crimes.