14 Commissioning justice Truth commissions and criminal justice THE PRACTICE OF TRUTH COMMISSIONS ALLOWS THE GRANTING OF AMNESTY IN CONNECTION WITH TRUTH-SEEKING PROCESSES ONLY WHEN THE AMNESTY EXCLUDES CRIMES UNDER INTERNATIONAL LAW 3 32 8 5 NOT linked to conditional amnesty Linked to conditional amnesty for crimes under international law Linked to conditional amnesty for crimes other than crimes under international law Of the 40 truth commissions examined in this paper, five were allowed to recommend or grant amnesty (or immunity) with the express exclusion of crimes under international law (Timor Leste, DRC, Burundi, Liberia and Kenya). The mandate of the 2001 Commission in Timor-Leste included assisting the reintegration of suspected perpetrators into their communities by facilitating ‘Community Reconciliation Processes’.13 Although, if successful, such processes could result in immunity from criminal and civil liability (the Commission did not have the power to recommend or grant amnesty) they were excluded for ‘serious criminal offences’ (including genocide, crimes against humanity, war crimes and torture), which the Commission had to refer to the Office of the General Prosecutor for Serious Crimes.14 The 2004 Commission of the Democratic Republic of Congo (DRC) had the power to recommend amnesty for ‘facts of war, political crimes and crimes of opinion’ subject to the adoption of an amnesty law.15 When the amnesty law was adopted, it excluded war crimes, crimes against humanity and genocide and did not mention any criteria for conditionality.16 Amnesty International April 2010 Index: POL 30/004/2010