Journal of college of Law for Legal and Political Sciences

Abstract

ABSTRACT
In post-conflict phase, some countries are based on a number of mechanisms for peace-building and reconciliation, one of the most significant mechanisms is the amnesty procedure, whereas these procedures are submitted to the discretion across countries emerging from conflict, through preventing the prosecution of crimes’ perpetrators to avoid disputer turn. It can be argue that there are some countries that have expanded the ambit of the amnesty which covers all committed crimes even serious crimes, including genocide and crimes against humanity and war crimes. Nevertheless, other countries have narrowed the scope of the amnesty, in order to fit with its obligations in the field of protection of human rights; these states have been preventing to insert serious crime within their projects to achieve peace, whereas amnesty tools have varied, whether comprehensive or partial amnesty, It has a drawer under the peace agreements or within the same amnesty rules or through recommendations of truth and reconciliation commissions. It is important to mentioned that the position of international law inhibitor of the inclusion of serious crimes within the scope of the amnesty across a range of treaties that prevent any form of amnesty for serious crimes that violate human rights.