The Legality of Amnesty Laws for Jus Cogens Crimes Under the Norms of Jus Cogens

Undergraduate Thesis, submitted and defended before the Board of Examiners, Department of International Law, Faculty of Law, Universitas Gadjah Mada (Indonesia), as required to obtain the Sarjana Hukum (LL.B. equivalent) degree.

229 Pages Posted: 17 Dec 2017  

Fajri Muhammadin

Universitas Gadjah Mada (UGM) - Faculty of Law; International Islamic University of Malaysia (IIUM), Ahmad Ibrahim Kulliyyah of Laws

Date Written: June 21, 2012

Abstract

Amnesty lawss are passed to bargain the law in attempt of achieving the greater need of peace during or post conflict. Amnesty laws for Jus Cogens crimes, however, have been highly criticized and mostly not recognized or overruled due to the obligation to prosecute as consequence of the Jus Cogens status. Some jurists agree that some exceptions can be made for imperative necessities to achieve peace. However, it is not clear whether such obligations per se have achieved the status of Jus Cogens. If it has, then the only way to derogate such obligations via amnesty laws is to prove that the aforementioned exceptional situations has also raised to the status of Jus Cogens – which most (if not all) jurists have not done. This legal writing will elaborate why the obligations to prosecute is in itself a Jus Cogens norm, and how the aforementioned exceptional situation also constitute as a compelling necessity which has achieved the status of Jus Cogens and therefore can legally derogate the former.

Keywords: Amnesty, Jus Cogens, International Crimes, Erga Omnes

Suggested Citation

Muhammadin, Fajri, The Legality of Amnesty Laws for Jus Cogens Crimes Under the Norms of Jus Cogens (June 21, 2012). Undergraduate Thesis, submitted and defended before the Board of Examiners, Department of International Law, Faculty of Law, Universitas Gadjah Mada (Indonesia), as required to obtain the Sarjana Hukum (LL.B. equivalent) degree.. Available at SSRN: https://ssrn.com/abstract=3087003

Fajri Muhammadin (Contact Author)

Universitas Gadjah Mada (UGM) - Faculty of Law ( email )

Jl. Sosio Justicia No. 1
Bulaksumur
Sleman, Yogyakarta 55281
Indonesia

HOME PAGE: http://fajrimuhammadin.staff.ugm.ac.id

International Islamic University of Malaysia (IIUM), Ahmad Ibrahim Kulliyyah of Laws ( email )

P.O. Box 10, 50728
Kuala Lumpur
Malaysia

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