| Amnesty and justice are often seen as antagonistic. This study analyzes the new human rights regime emergent since the Nuremberg trials and evidenced by the discourses and practices of both domestic and international criminal courts, political transitions, and truth commissions. It presents a systematic theory of accountability, which is from the very outset distinguished from punishment. Based on discourse theory and after scrutinizing different hard cases, such as Argentina and South Africa, it attempts to address the question: Are amnesties still a valid means to achieve peace and justice? Although affirmative, the answer resulting from it suggests that amnesties must comply with some requirements embedded in democratic procedures of justification. |
