- Author:
Agnieszka Szpak
- E-mail:
aszpak@umk.pl
- Institution:
Nicolaus Copernicus University in Toruń (Poland)
- Year of publication:
2018
- Source:
Show
- Pages:
537-552
- DOI Address:
https://doi.org/10.15804/ppsy2018307
- PDF:
ppsy/47-3/ppsy2018307.pdf
The author attempts to define amnesty and describe conditions that must be met for amnesties to be in accordance with international law. This in turn involves an analysis of legality of amnesties. The paper also examines motivation for granting amnesty and desirability as well as the future of granting amnesties. In the end a nuanced approach is adopted highlighting the fact that amnesties are neither conditio sine qua non for a lasting peace solution nor ticking time-bombs for peacebuilding. This reflects the idea of this paper that justice is not an absolute and sometimes it might be necessary to let go and combine judicial and non-judicial mechanisms (including the disclosure of truth and reparations for the victims) in order to achieve sustainable peace.
- Author:
Lidia Brodowski
- E-mail:
lidhal@wp.pl
- Institution:
Uniwersytet Rzeszowski
- ORCID:
https://orcid.org/0000-0001-7828-868X
- Year of publication:
2023
- Source:
Show
- Pages:
75-89
- DOI Address:
https://doi.org/10.15804/ppk.2023.03.06
- PDF:
ppk/73/ppk7306.pdf
The Systemic Nature of Pardon and Amnesty in the Context of the Institution of Extradition
The article addresses the issue of the concept, scope and systemic character of pardon and amnesty in correlation with the institution of extradition. It presents the divergent positions of the doctrine regarding the interpretation of the nature of the title measures and possible ways of recognizing the status of a person who has been pardoned or amnestied, and at the same time the request for extradition applies, by international agreements regulating extradition transactions. The aim of the article is to analyze the legal conditions of pardon and amnesty in comparison with binding standards in the field of extradition, both those that qualify the impediment to pardon and amnesty as an obligatory extradition impediment, and those that do not give it the indicated character. As part of the work, research methods traditionally applied in legal sciences were used, the formal-dogmatic method, the comparative method and the historical-legal method.