CEU Electronic Theses and Dissertations, 2013
| Author | Pokhrel, Dhiraj Kumar |
|---|---|
| Title | NUANCES OF DE FACTO AMNESTY: A CASE OF NEPAL |
| Summary | The present study focuses on the problem of amnesties in post-conflict societies, evaluating specifically the practice of de facto amnesties currently practiced by the government in Nepal. Having examined prior studies focussing on the prohibition of de jure amnesties for gross violations of human rights, grave breaches of humanitarian law and crimes against humanity, it is shown that how post-conflict regimes, despite commitments to end impunity nationally and internationally, strive to adopt a number of backdoor avenues to protect the perpetrators of human rights violations amidst sustained monitoring and interventions by ever-vigilant victims' organizations, civil society, international human rights organizations and the diplomatic community. The study suggests that the shift from de jure amnesty to de facto amnesty has several long-lasting negative repercussions on a transitional society by reinforcing impunity, eroding the rule of law, weakening the criminal justice system and undermining public confidence in political parties and state institutions. It further demonstrates that the continuing trend of de facto amnesties for crimes committed in the aftermath of conflict and failure to respect rights of victims might push a transitional society towards a legal vacuum. Furthermore, it concludes that a deliberate seeking of de facto amnesties by successor governments in post-conflict societies encourages the institutionalization of impunity and hinders in carrying out of institutional reforms in particular. |
| Supervisor | Hamilton, Dr. Michael James |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2013/pokhrel_dhiraj.pdf |
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