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 13 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 13 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.” 6

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