The atrocious abuses committed under South America's dictators resulted in a wave of amnesties. Following transitions to democracy, challenges from victims and civil society unpicked several of these amnesties, leading to hundreds of perpetrators facing prosecution. These developments prompted far-reaching claims in academic literature and policy reports regarding the significance of the erosion of South America's amnesties for shaping international legal norms and policy preferences on amnesties within the region and beyond. This article draws on a comparative analysis of case law from the Inter-American Court of Human Rights and national courts as well as legislative changes to argue that there is a regional trend to move away from broad, unconditional amnesties enacted during or after dictatorial rule. However, it notes that this is not universal across the region, nor does it represent a rejection of all forms of amnesty. The article then tests the claims being made in the literature regarding the significance of the regional trend on the legality, durability and desirability of amnesties. It finds that there is little evidence to support claims that the regional developments are indicative of a broader normative shift. It concludes by identifying the risks posed by regional overreach.

Doctrinal contributions on international law and politics broadly build upon the merits of international criminal justice. This applies especially to the prosecution of international crimes before national courts, which assumes the predominant importance given the limited ambit of jurisdiction of international criminal jurisdiction. A number of doctrinal contributions develop the policy view of these processes, which does not always overlap with the requirements under the international legal standards on this subject-matter. This contribution assesses the general merit of policy approaches, and their relevance in terms of more specific issues, such as universal jurisdiction, amnesties for perpetrators of international crimes, and immunity of state officials. Having analysed the pertinent evidence, this contribution concludes that the policy argument possesses no independent relevance in the legal discourse on international criminal justice, and should not be used in a way that contradicts the international legal argument.

On 13 July 1999 Algeria joined the growing list of countries that have adopted some form of ‘amnesty law’ as a means of restoring peace and encouraging reconciliation. After a brief description of the historical context, this article examines the features of the Algerian Civil Concord Law. This law is then used as a backdrop in considering eight ways in which modern amnesty laws may be drafted and adopted to ensure compliance with developing principles of international law.