Justice Deferred, Not Denied
Balancing Peace and Accountability through Amnesty
Marie Nemec
This essay argues that amnesty as a whole cannot be condemned as inappropriate, but that -
when considering case complexities – the utilisation of partial amnesties, alongside other
accountability measures, poses as a pragmatic tool to balance both peace and justice within
transitional justice efforts. The matter at hand will be initially introduced by an examination
and definition of various forms of amnesty. Secondly, the international legal framework
involving amnesty, as well as theories around amnesty and accountability will be explored.
Lastly, an evaluation of three case studies which employed amnesty to varying degrees within
their Truth and Reconciliation Commissions (TRC) constitutes the final body of this work.
These cases substantiate the notion that amnesty proves effective and stabilising when
applied in a limited manner, as cases of both blanket amnesty and partial amnesty will be
examined regarding their success and their ability – or lack thereof – to establish long-lasting
peace and afford justice to victims. For the sake of coherence, this essay is limited to TRC-
related amnesties only, but recognises the significance of conventional amnesties.
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