Reference

Several international treaty obligations can be interpreted as prohibiting amnesty for international crimes, particularly those related to war crimes, crimes against humanity, and genocide. Here are some key sources and interpretations regarding these prohibitions:

1. Geneva Conventions: The Geneva Conventions and their Additional Protocols, particularly Article 6(5) of Additional Protocol II, have been interpreted as requiring the punishment of war crimes. Despite some allowances for amnesty in non-international armed conflicts to encourage peace, serious crimes like war crimes cannot be amnestied source.

2. International Customary Law: Customary international law, influenced by the rulings of various international and regional tribunals, suggests that states have an obligation not to apply amnesties for individuals suspected of committing international crimes such as crimes against humanity. This has been upheld in several cases and is deemed a part of evolving customary law source.

3. Rome Statute of the International Criminal Court (ICC): While not explicitly prohibiting amnesties, the Rome Statute, which establishes the ICC’s jurisdiction over genocide, war crimes, and crimes against humanity, implies that these crimes should not go unpunished, thus discouraging amnesties for such offenses.

These interpretations indicate a trend in international law towards denying amnesty for serious international crimes to ensure justice and accountability.