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By Ntoubandi, F.Z.

Drawing on crystallizing traits in State's perform in admire of amnesty, this ebook presents a finished felony framework in which promises of amnesty should be reconciled with the obligation to prosecute center crimes less than foreign legislations.

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Sample text

47 It is stated in Article II of this document that: Both sides shall grant a general amnesty and totally wipe from their memory all hostilities, losses, damages and injuries whatever their nature, committed or sustained on either side during the recent disturbances. Hostilities shall never more be alluded to nor shall any compensation be claimed under any pretext or in any name. 48 43 44 45 46 47 48 A. L. Phillips Encyclopaedia of Historical Treaties and Alliances Vol. I (2001) at 50. Id. at 54.

Article 1. Article 4. Decree No. 486 of 20 March 1993. THE CONCEPT OF AMNESTY 31 suf¿cient that the crime was committed in the course of the conÀict. However, domestic as well as international amnesties converge in excluding private obligations, such as the obligation to pay a certain amount of money, or to pay a debt contracted during the conÀict, from the scope of amnesty. Legal Effects and Consequences of Amnesty The granting of amnesty has signi¿cant consequences on the ability of the judiciary to perform its sovereign task within a given democratic society, namely that of applying the law.

Nevertheless, there has been a limited grant of amnesty in relation to World War I. 57 Although recourse to amnesty was a general practice throughout the 17th till the 19th centuries, it is signi¿cant to remark that not all peace treaties contained an amnesty clause. 58 After international law prohibited the use of force as an instrument of foreign policy and since the Kellogg-Briand Pact of 1928 became an established rule of international law, amnesty in peace treaties lost their validity. , the Treaty of Versailles of 26 February 1871 and the Treaty of Frankfort of 10 May 1871 between France and Germany; also the Treaty of Vienna of 30 October 1864 between Denmark, Austria and Prussia; full texts available in Fred L.

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