“…Amnesties for war crimes and other international crimes come into being mainly when States are going through periods of transition, often from war to peace, and of extreme political upheaval, for example, the handing over of power from military regimes to democratic civilian governments (Naqvi 2003, p. 586). …”
Section: Amnestymentioning
confidence: 99%
“…Since the end of World War II well over 420 amnesties have been introduced as a mechanism for achieving peace (Mallinder 2007). Examples of more recent peace agreements that have included amnesty provisions include the peace negotiations in Sudan in 1997, the 1999 Lusaka Ceasefire Agreement in the Democratic Republic of Congo in 1999, and both the Abuja and Lomé Peace Accords in Sierra Leone in 1996 and 2001 (Naqvi 2003).…”
Section: Amnestymentioning
confidence: 99%
“…Article 6(5) of Additional Protocol II of the Geneva Conventions is often pointed to as evidence that amnesty has become established within customary international law. According to this protocol, “[a]t the end of hostilities, the authorities in power shall endeavor to grant the broadest possible amnesty to persons who have participated in the armed conflict.” A number of courts have used this provision to justify their support for amnesty as a valid principle of international law (Naqvi 2003).…”
Section: Amnestymentioning
confidence: 99%
“…Despite the historical precedence of its use, amnesty has increasingly come under criticism as detracting from human rights and international law. According to Naqvi, “there are a wide variety of legal sources supporting the principle that domestic laws or judicial decisions cannot exempt a person accused of international crimes from individual criminal responsibility or prevent a foreign or international court from prosecuting” (Naqvi 2003, p. 590). In terms of the broader debates surrounding amnesty, human rights and international law, many scholars and advocates deem amnesty as at odds with fundamental human rights and oppose it entirely (Rogt‐Arriaza 1990; Orentlicher 1991; Bassiouni 1996).…”
“…Amnesties for war crimes and other international crimes come into being mainly when States are going through periods of transition, often from war to peace, and of extreme political upheaval, for example, the handing over of power from military regimes to democratic civilian governments (Naqvi 2003, p. 586). …”
Section: Amnestymentioning
confidence: 99%
“…Since the end of World War II well over 420 amnesties have been introduced as a mechanism for achieving peace (Mallinder 2007). Examples of more recent peace agreements that have included amnesty provisions include the peace negotiations in Sudan in 1997, the 1999 Lusaka Ceasefire Agreement in the Democratic Republic of Congo in 1999, and both the Abuja and Lomé Peace Accords in Sierra Leone in 1996 and 2001 (Naqvi 2003).…”
Section: Amnestymentioning
confidence: 99%
“…Article 6(5) of Additional Protocol II of the Geneva Conventions is often pointed to as evidence that amnesty has become established within customary international law. According to this protocol, “[a]t the end of hostilities, the authorities in power shall endeavor to grant the broadest possible amnesty to persons who have participated in the armed conflict.” A number of courts have used this provision to justify their support for amnesty as a valid principle of international law (Naqvi 2003).…”
Section: Amnestymentioning
confidence: 99%
“…Despite the historical precedence of its use, amnesty has increasingly come under criticism as detracting from human rights and international law. According to Naqvi, “there are a wide variety of legal sources supporting the principle that domestic laws or judicial decisions cannot exempt a person accused of international crimes from individual criminal responsibility or prevent a foreign or international court from prosecuting” (Naqvi 2003, p. 590). In terms of the broader debates surrounding amnesty, human rights and international law, many scholars and advocates deem amnesty as at odds with fundamental human rights and oppose it entirely (Rogt‐Arriaza 1990; Orentlicher 1991; Bassiouni 1996).…”
“…Yasmin Naqvi correctly observed that, learning from the Furundzija case, only amnesty laws that is "...tantamount to authorizing, condoning or recognizing as lawful the situation created by the illegal act..." 65 would be a breach of Jus cogens. In other words, some kinds of amnesty laws for Jus cogens crimes are a breach of Jus cogens, while others are not.…”
The legality of humanitarian intervention has been debated for a long time, both on the level of scholarly works and inter-state politics. Most of the debates surround the sources of international law (international conventions, customary international law, etc.) or functions of the UN or the politics or a combination thereof. However, another level of debate is not usually observed much: the Jus cogens debate. Being a non-derogable norm under international law, the prohibition against the use of force is a classic example of a Jus cogens norm, and humanitarian intervention is argued to breach it. This paper observed and explored the concept of Jus cogens, how is it constructed, and found that humanitarian intervention is not a breach of Jus cogens.Keywords: humanitarian intervention, Jus cogens, use of force.
Intervensi Humaniter dan Argumen Jus cogens: Sebuah Observasi Kritis
Abstrak
Legalitas dari intervensi kemanusiaan telah diperdebatkan sejak lama, baik melalui karya ilmiah para ahli maupun dalam politik praktis antar negara. Mayoritas perdebatan berpusat pada sumber-sumber hukum internasional (konvensi internasional, hukum kebiasaan
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