50
international peace and security.”129 In the latter, the General Assembly stated the
following:
War crimes and crimes against humanity, wherever they are committed, shall be subject
to investigation and the persons against whom there is evidence that they have
committed such crimes shall be subject to tracing, arrest, trial and, if found guilty, to
punishment.
[...]
States shall not take any legislative or other measures which may be prejudicial to the
international obligations they have assumed in regard to the detection, arrest, extradition
130
and punishment of persons guilty of war crimes and crimes against humanity.
107. Likewise, Resolutions 827 and 955 of the Security Council of the United
Nations,131 together with the Charters of the Tribunals for the Former Yugoslavia
(Article 29) and Rwanda (Article 28), impose on all Member States of the United
Nations the obligation to fully cooperate with the Tribunals for the investigation and
punishment of those persons accused of having committed serious International Law
violations, including crimes against humanity. Likewise, the Secretary General of the
United Nations has pointed out that in view of the rules and principles of the United
Nations, all peace agreements approved by the United Nations can never promise
amnesty for crimes against humanity.132
108. The adoption and enforcement of laws that grant amnesty for crimes against
humanity prevents the compliance of the obligations stated above. The Secretary
General of the United Nations, in his report about the establishment of the Special
Tribunal for Sierra Leona stated the following:
While recognizing that amnesty is an accepted legal concept and a gesture of peace and
reconciliation at the end of a civil war or an internal armed conflict, the UN has
consistently maintained the position that amnesty cannot be granted in respect of
international crimes such as genocide, crimes against humanity, or violations of
133
international humanitarian law.
109. The Secretary General also informed that the legal effects of the amnesty
granted in Sierra Leona had not been taken into account “given their illegality
129
Cf. UN, Question of the punishment of war criminals and of persons who have committed crimes
against humanity, adopted by the General Assembly of the United Nations in Resolution 2583 (XXIV) of
December 15, 1969.
130
Cf. UN, Principles of International Cooperation in the Detection, Arrest, Extradition and
Punishment of Persons Guilty of War Crimes and Crimes against Humanity, adopted by the General
Assembly of the United Nations in Resolution 3074 (XXVIII) December 3, 1973.
131
Cf. UN Resolution of the Security Council S/RES/827 for the establishment of the International
Criminal Tribunal for the Former Yugoslavia of March 25, 1993; and Resolution of the Security Council
S/RES/955 for the establishment of an International Criminal Case for Rwanda of November 8, 1994.
132
Cf. UN Report of the Secretary General S/2004/616 on the Rule of Law and Transitional Justice in
conflict and post-conflict societies of August 3, 2004, para. 10.
133
Cf. UN Report of the Secretary General S/2000/915 on the establishment of a Tribunal for Sierra
Leona, of October 4, 2000, para. 22.
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