ZIMBABWE: FROM IMPUNITY TO ACCOUNTABILITY
In this context, and conscious of the reality Zimbabweans face on
a daily basis, REDRESS seeks to highlight what it believes are
important considerations for civil society, and urges regional and
international supporters to bear them in mind in the fight for justice
for the many victims of gross and systematic human rights
violations. It is hoped that this paper will contribute towards
strengthening the struggle for reparations in Zimbabwe, and assist
those who have set themselves the task of achieving it in reaching
their goal. For those embroiled in the struggle now, looking ahead
ought not to be regarded as an irrelevant luxury. From a human
rights perspective, and particularly if the victims are to have any
real possibility of achieving justice for what they have suffered,
there is a real danger that failure to look ahead will, on the
contrary, run the risk of a pyrrhic victory.
4. AMNESTY AND ACCOUNTABILITY
Amnesties are incompatible with the obligation to prosecute or
extradite those accused of international crimes such as war
crimes, genocide, crimes against humanity, and torture, and with
the corollary obligation to afford full reparation to victims. It follows
that amnesties are unlawful when applied to international crimes.
There is a wealth of authority on this fundamental issue, including
that arising from various international bodies such as the UN
Human Rights Committee, the UN Committee against Torture, the
UN Human Rights Commission, the UN Special Rapporteur on
Torture, the Security Council, the General Assembly and the
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Secretary-General, as well as regional courts and commissions.
Amnesties have also come to haunt victims and societies at large,
and are widely seen as a factor contributing to the recurrence of
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In January 2004 REDRESS submitted an amicus brief to the Special Court for Sierra Leone
in support of the prosecution position that amnesties are unlawful when applied to international
crimes:
see
the
full
submission
at
http://www.redress.org/Briefs/AMICUS%20CURIAE%20BRIEF-%20SCSL1.pdf It should also
be noted that the symposium recorded at p.ix of the Summary (Appendix II): “… under
international law and international humanitarian law, gross human rights violations should
never be ignored or be the subject of an amnesty.”
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