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Amnesty laws are viewed as a main barrier to justice for past human rights violations. Scholars and practitioners expected the age of human rights accountability to reduce the number or coverage of amnesty laws that block human rights trials. Based on analysis of an original database of amnesty laws and trials, this article questions that outcome. Few discernible patterns regarding amnesty laws and accountability emerge; human rights trials are nearly as likely in the absence of amnesty laws or where partial laws in compliance with international standards and noncompliant blanket amnesty laws exist. Most of the countries that have overcome the amnesty law barriers to justice are in Latin America. This article thus uses the region to identify a multidimensional approach to pathways to overcome impunity and promote justice for past human rights violations. It considers policy recommendations to strengthen four factors that have advanced accountability in the region: civil society demand, international pressure, judicial leadership, and the absence of veto players.

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Two literatures-business and human rights and transitional justice-can be usefully combined to consider the issue of corporate complicity in past human rights violations in dictatorships and armed conflicts. But although the transitional justice literature emphasizes the positive role that international pressure plays in advancing justice, the business and human rights literature identifies international constraints in the area of corporate abuses. These include the lack of settled law establishing businesses' human rights responsibilities, the absence of courts to adjudicate corporate human rights violation cases, and the international focus on voluntary principles over legal obligations. Despite this unpropitious international climate, civil society mobilization and judicial innovation have advanced accountability efforts and overcome the strong veto power of business in some countries, often creatively blending international and domestic law. These efforts from below provide access to justice for victims and potential models for overcoming the current accountability gap. 20.1

Transitional countries have struggled to overcome impunity for human rights violations committed by past authoritarian regimes. While some scholars have hailed the emergence of a ‘justice cascade’, a ‘justice revolution’, and an ‘age of accountability’, our research highlights the persistence of amnesty laws despite efforts to erode them. This article examines 63 amnesties for human rights violations committed by state agents that were enacted in 34 transitional countries from 1970 to 2011, and the 161 challenges that endeavoured to undermine the power of these laws.We find significant variation in the outcome of challenges. While some lead to the removal or weakening of amnesty laws, others validate them. We explain the variation using an explanatory model that focuses on the characteristics of four actors: civil society, international governmental and non-governmental agencies, domestic executives and judicial leaders. Time also plays a conditioning role in our framework. We illustrate our argument by presenting emblematic country case studies. We conclude that even when amnesty laws are displaced or eroded, impunity tends to persist in some form.