The Practicability of Amnesty As a Non-Prosecutory Alternative in Post-Conflict Uganda

Authors

Kathleen Ellen MacMillan, Benjamin N. Cardozo School of Law

Abstract

The note argues that amnesty can be a necessary and effective tool for achieving peace in conflict-ridden regions, even when the International Criminal Court (ICC) is involved. It focuses on Uganda's situation, where the government's amnesty offer to the Lords Resistance Army (LRA) was crucial for a ceasefire. The analysis suggests that the ICC should consider deferring to national processes, such as Uganda's Amnesty Act of 2000, to support transitional justice and reconciliation, rather than prioritizing prosecution. The note concludes that amnesty, integrated with traditional justice mechanisms, can be both legally permissible and morally justifiable in certain contexts.

Disciplines

Criminal Law | Criminal Procedure | International Law | Law | Military, War, and Peace

Recommended Citation

Kathleen E. MacMillan, The Practicability of Amnesty As a Non-Prosecutory Alternative in Post-Conflict Uganda, 6 Cardozo Pub. L. Pol’y & Ethics J. 199 (2007).
Available at: https://larc.cardozo.yu.edu/cplpej/vol6/iss1/8