The Construction Of The Amnesty Exception To The International Criminal Court

The International Criminal Court (ICC) represents a "quantum-leap" in the enforcement of international criminal law and a monumental response to "the most serious crimes of concern to the international community as a whole" . It stands as a determination that the impunity should no longer be enjoyed by those perpetrating genocide, war crimes and crimes against humanity by ensuring that cases are tried even when states are unwilling or unable to do so themselves. Amnesty has become common when states grant amnesty to achieve peacekeeping, nation-building, and reconciliation. But the crimes covered are always in the jurisdiction of the ICC, as an example, considering the first case referred to the ICC, Lord's Resistance Army, amnesty had become a controversial question. Unfortunately, not mentioning amnesty in the Rome Statute provides no guidance for the ICC. This article aims to solve such a problem. Basing on the examination of experiences and theories about amnesty, the article tries to construct a conditional amnesty exception to the ICC, to provide guidance for the ICC in such cases. Firstly this article introduces the conception and type of amnesty, and then outlines the relationship between the Rome Statute and Amnesty; Secondly it examines the amnesty experiences in Haiti, Sierra Leone, South Africa and Uganda, analyses the types and outcomes, provides a practical foundation for the amnesty exception to the ICC; Thirdly, considering the benefits of amnesty and prosecution, the author puts forward the opinion that the conditional amnesty is acceptable. Lastly it analyses the possibility and necessity of including amnesty in the Rome Statute, and then outlines how the rules should say.