Posted by: santoshgiri March 26, 2006
The King must PARDON !!! (A constitutional provision)
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Pardon under International Human Rights Law Amnesty for gross violations of human rights, including torture, disappearances, and extra-judicial executions, may be incompatible with some human rights conventions and may also undermine principles endorsed in General Assembly Resolutions. The UN Guidelines for United Nations Representatives on Certain Aspects of Negotiations for Conflict Resolution state that: ‘…demands for amnesty may be made on behalf of different elements. It may be necessary and proper for immunity from prosecution to be granted to members of the armed opposition seeking reintegration into society as part of a national reconciliation process. Government negotiators may seek endorsement of self-amnesties proposals; however, the UN cannot condone amnesties regarding war crimes, crimes against humanity and genocide or foster those that violate relevant treaty obligations of the parties in this field.’ Amnesties for international war crimes, crimes against humanity and genocide are not permissible under international human rights law. The status under international law of amnesties issued for war crimes committed in internal armed conflicts is unclear. However, recent case law of the International Criminal Tribunal for the former Yugoslavia makes clear that such crimes are international crimes subject to universal jurisdiction. The statutes of the International Criminal Tribunal for Rwanda and the International Criminal Court give those courts jurisdiction over serious war crimes/violations of humanitarian law committed during internal armed conflicts
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