Amnesty Laws in the European Human Rights System. From the Decision of the Commission in Dujardin and Others v. France to the Judgment of the Grand Chamber in Marguš v. Croatia: Progressive or Circular Development?
DOI:
https://doi.org/10.18042/cepc/rdce.52.03Keywords:
Amnesty laws, duty to investigate, impunity, gross human rights violations, European Court of Human RightsAbstract
This article analyses the decisions issued by the bodies of the European Human Rights System concerning the admissibility of amnesty laws in case of gross human rights violations. It aims at describing the position taken by the European bodies as to the compatibility of the amnesty laws with the European Convention on Human Rights, by thoroughly examining its jurisprudence from the first decision of the European Commission of Human Rights in the case Dujardin and others v. France, to the most recent judgment of the Grand Chamber in the case Marguš v. Croatia. In addition, this analysis points out the existing links between these decisions and both other regional Human Rights systems and the universal one, from a comparative perspective. Lastly, it aims at explaining this jurisprudence in the overall context of the development of the European system itself.Downloads
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