Amnesty’s Success in Transitional Justice and Human Rights; Spain, Chile, and South Africa as Case Studies

76 pagesThis honors thesis examines the success of amnesty laws, relative to other mechanisms of transitional justice and redressing past human rights violations; it is my intention to understand if amnesty is a successful mechanism for countries transitioning to democracy after repressive periods. I demonstrate my research through a literature review of subjects and academic principles related to amnesty including concepts of justice, the human rights system, state- sanctioned violence, transitional justice, and amnesty laws. In addition to a review of the relevant literature, I utilize a case study analysis of three countries: Spain, Chile, and South Africa all used amnesty laws during their transitions to democracy in ways that are distinct from one another. These case studies provide a greater understanding of what makes an amnesty law successful and effective. The insight from the relevant literature along with the comparison and analysis from the case studies demonstrate that amnesty laws can be successful if implemented under a specific set of principles. I argue that the essential factors to an amnesty law’s success include the circumstances and state of the nation when amnesty is implemented, how additional transitional justice mechanisms are used, and if there are specific criteria within the amnesty law