Une histoire politique de l'amnistie

Wahnich, Sophie

doi:10.3917/puf.wahn.2007.01

Cited by 8 publications

(3 citation statements)

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“…The re-categorization of detained militants according to their public declarations or silences subsequently contributed to the over-criminalization of those militants who chose, for ethical, personal or political reasons, not to declare themselves as 'dissociated' (Cesoni, 1983). An amnesty law, on the other hand, carried the potential to re-signify the events, by symbolically reinstating the collective and political significance of acts of violence in their historical circumstances and therefore including the 'years of lead' in the political history of the country rather than in its criminal history (Wahnich, 2007).…”

Section: From Prisons To Parliament and The Judiciary: Political Cont...mentioning

confidence: 99%

The failed amnesty of the ‘years of lead’ in Italy: Continuity and transformations between (de)politicization and punitiveness

Rossi

2021

European Journal of Criminology

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The ‘years of lead’ commonly refer in Italy to the decade of the 1970s, characterized by widespread conflictuality, the use of violence for political aims and harsh state repression of political activism. Political violence has been primarily handled with both normal and exceptional means of criminal justice, yet debates on amnesty and reconciliation have been recurrent over the years. This article traces the history of the debates on amnesty and pardon for politically motivated offences to show how they have been shaped by changing national and international contexts. On the one hand, the ‘failed amnesty’ reflects the long-lasting repressive approach adopted by the Italian state to address the question of the political violence in the 1970s and the reluctance to acknowledge its collective and political character. On the other hand, this article argues that, beyond the apparent continuity of a punitive approach, the gradual disappearance of amnesty from political debates in the 1990s–2000s is symptomatic of a more paradigmatic shift resulting from the combination of different factors and trends, such as the transformation of the Italian political landscape in the early 1990s, the emergence and affirmation of a new punitive discourse, as well as the increasing delegitimation of amnesties in transitional settings. Thus, through a specific case-study, this article draws links between criminal justice and penal trends, political transformations and developments in transitional justice, and consequently intends to contribute to the discussion of the concept of punitiveness and the effects of the expanding international criminal law on the treatment of politically motivated offences.

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Section: From Prisons To Parliament and The Judiciary: Political Cont...mentioning

confidence: 99%

The failed amnesty of the ‘years of lead’ in Italy: Continuity and transformations between (de)politicization and punitiveness

Rossi

2021

European Journal of Criminology

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“…Under national law, amnesty could be equated to the previously sovereign presidential right of pardon as set up in many countries like France according to its decree on 14 September 1791 (décret, 1791). The reality is that the privilege of granting forgiveness is the sole right of the President of the Republic as stated in the constitution, while granting amnesty in most cases is that of the National Assembly (Wahnich, 2007). The latter allowed the establishment of the Republic and with democracy as the system of government as demanded by the French constitution in the former colonies of France.…”

Section: Introductionmentioning

confidence: 99%

Amnesty Limits in International Criminal Law

Fomba¹,

Mujib²,

Kodio³

2020

JPL

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This article examine the problems raised by amnesty in the domestic and international legal order in the context of national reconciliation. It examines the scope and limits of the amnesty law, justifying it by the exceptions made for international crimes and violations as far as international humanitarian law is concerned. Indeed, this paper deals with the domestic and international legal aspects of non-amnesty crimes that are recognized under conventional and customary international law as imprescriptible, through the experience of specialized international courts on the subject such as those of Rwanda, Sierra Leone, and the ICC.

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“…Il est vrai qu'à la faveur de l'autonomisation progressive de l'activité judiciaire et la généralisation des critiques à l'égard des pressions gouvernementales, les interférences politiques sont placées sous haute surveillance dans l'espace public au point de se faire désormais plus rares et/ou plus discrètes. Le champ de l'amnistie (Wahnich, 2007) (Guarnieri, Pederzoli, 1996 ;Cichowski, Stone, 2003). Pourtant, l'expression pose plus de problème qu'elle n'en résout.…”

Section: « Pouvoir De Justice » Et Souveraineté Du Politiqueunclassified

Le pouvoir judiciaire

Collected Courses of the Hague Academy of International Law

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Une histoire politique de l'amnistie

Cited by 8 publications

References 0 publications

The failed amnesty of the ‘years of lead’ in Italy: Continuity and transformations between (de)politicization and punitiveness

The failed amnesty of the ‘years of lead’ in Italy: Continuity and transformations between (de)politicization and punitiveness

Amnesty Limits in International Criminal Law

Le pouvoir judiciaire

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