By examining the political realities of the Haiti situation and the applicable provisions of treaty and customary law, this Article seeks to assess whether the Haitian amnesty did indeed achieve "a proper mix." To this end, the Article begins with a description of the abuses reportedly committed by Haiti's military regime and the international community's attempts to restore the democratically-elected govemment to power. Next, it explores the policy arguments for and against amnesty as applied to the Haitian situation and analyzes the scope of both the Haitian amnesty law and President Aristide's amnesty decree. This section is followed by a detailed analysis of the relevant international instruments and customary law that potentially limit a government's prerogative to issue an amnesty. While the Article's main focus is the international law applicable to the Haitian situation, this inquiry has far-reaching implications beyond Haiti's shores, which are explored in the conclusion.
Place of Original Publication
Texas International Law Journal
31 Texas International Law Journal 1 (1996)
Scharf, Michael P., "Swapping Amnesty for Peace: Was There a Duty to Prosecute International Crimes in Haiti?" (1997). Faculty Publications. 344.