Amnesties
Key findings from PeaceRep research on amnesties (2021 – 2026)
PeaceRep’s amnesties research was led by Queens University Belfast.
Amnesties are legal or policy measures that remove criminal liability for categories of crimes. They stop ongoing criminal investigations and prosecutions or prevent new criminal investigations being opened. Often, amnesties also allow convicted persons to be released or have their sentences reduced (Mallinder 2024). Overall, PeaceRep amnesty data shows that there continues to be significant state practice in granting amnesties during and after armed conflict. This practice is important for understanding the legality of amnesties under international law and the trajectory of peace processes.
PeaceRep research has tracked the use of amnesties in response to armed conflict. The Amnesties, Conflict and Peace Agreement database shows that from 1990-2024 amnesties have been widely used during conflict and transitions to peace. In addition, the PA-X Peace Agreement Database shows that over the same period, peace negotiators have regularly included commitments to grant amnesty in peace agreements. Indeed, amnesty provisions have appeared in peace agreements much more often than commitments to introduce or implement mechanisms to deliver criminal accountability, truth recovery, or reparations.
We have examined these trends in detail through exploring when amnesties are used in the journey from conflict to peace; what their relationship is to international legal duties to investigate, prosecute and punish serious violations; and how they are integrated into efforts to end violent conflict and fulfil victims’ rights. These issues are all central to the legality and legitimacy of amnesties.
When are Amnesties Used?
PeaceRep research found that amnesties for political crimes are used to remove criminal liability for activities ranging from violent acts in armed conflicts to non-violent political dissent. Most amnesties for political offences are granted in connection with armed conflicts and they are often used in repressive contexts where there are restrictions on political debate and activity (Mallinder 2024).
Depending on the context, amnesties may benefit a diverse range of opponents of states, including non-state armed groups, coup participants, persons accused of ‘terrorism’ offences in peacetime, political prisoners, leaders and members of opposition groups, and protestors. However, about one-third of amnesties for political offenders also benefit state agents, often where they committed crimes against the state’s political opponents (Mallinder 2024).
The Amnesties, Conflict and Peace (ACPA) Database (Mallinder and Shaw 2024) contains detailed information on 318 amnesties granted in 94 countries from January 1990 to November 2023. This data shows that the amnesties are sequenced in different ways with peace agreements.
Of these amnesties, 44 percent were granted during ongoing conflicts and were unconnected to peace negotiations. The absence of negotiations means that these amnesties are generally granted unilaterally by the state through legislation, executive orders, and/or policy decisions. These amnesties are often intended to weaken an insurgency by encouraging combatants to surrender.
Six percent of the amnesties in the ACPA database were granted as part of a commitment to begin negotiations on a comprehensive peace agreement and were intended to create the conditions for the negotiations to proceed through for example removing obstacles to non-state armed groups participating. For example:
- Angola’s Lei de Amnistia (2002) was enacted, after a ceasefire agreement, to implement the government’s peace plan. The plan also contained a number of measures ‘to ensure the necessary legal and political guarantees for the promotion and fulfilment of the process of the national reconciliation’.
- Chad’s Loi N0007/PCMT/2021 Portant Amnistie Générale pour des faits d’atteinte à l’intégrité de l’État et aux délits d’opinion was granted to fulfil a series of pre-conditions set by a non-state armed group for entering into peace negotiations. Where non-state combatants are fearful that attending negotiations with government forces could result in their arrest or execution, these amnesties can help to build their confidence that it is safe to attend. However, they can pose political risks for the government, through appearing to give concessions to rebels before they have agreed to permanently end their insurrection.
Where comprehensive peace agreements are negotiated through a series of partial agreements on specific themes, such as ceasefires, victims’ rights or the return of displaced persons, amnesties may be granted to implement a partial agreement before the comprehensive negotiations are concluded.
The Peace Agreement Amnesties dataset (Mallinder 2026a, forthcoming), created using data from the PA-X database, codes amnesty provisions from 120 peace agreements from 1990-2024. This data shows that it is rare for pre-negotiation agreements to contain amnesty provisions, but ten percent of partial agreements contain amnesty commitments. Amnesties may also be granted during peace negotiations through domestic law and policy, without being included in a peace agreement. Fourteen percent of the amnesties in the ACPA dataset were granted while negotiations were ongoing. Mid-negotiation amnesties are often confidence building measures.
23 percent of the amnesties in the ACPA database resulted from comprehensive peace agreements. Indeed, the Peace Agreement Amnesties dataset finds that amnesties have been used in almost one-third of comprehensive peace agreements since 1990. Overall, of the 106 states for which version 9 of the PA-X database hold peace agreement texts, the peace agreement amnesty dataset finds that 47 have had at least one peace agreement with amnesty provisions. This suggests that almost half of all states that have reached peace agreements since 1990 have used some form of amnesty for conflict-related offences (Mallinder 2026b, forthcoming).
Finally, 12 percent of amnesties in the ACPA database were granted following a comprehensive peace agreement. Often these amnesties were not explicitly envisaged in the agreement itself. They may reverse previously agreed positions about accountability for serious violations or they may be an effort to put into law what had previously been tacit understanding among the negotiating parties that accountability would not be pursued.
Amnesties and International Law
Amnesties for participation in internal armed conflicts continues to be encouraged in international humanitarian law (Additional Protocol II to the Geneva Conventions 1977, art 6(5)) and in international mediation policy such as the European External Action Service Peace Mediation Guidelines 2023; and the United Nations Guidance for Effective Mediation 2012). In addition, states have consistently rejected treaty prohibitions on the granting of amnesties for serious violations (Mallinder, 2027, forthcoming).
However, from the late 1990s, international case law and policy reports of UN human rights bodies have increasingly contended that amnesties for genocide, war crimes, crimes against humanity, and serious violations of human rights are incompatible with states’ obligations under international law. These legal interpretations have influenced some peace negotiations (eg Giraldo Muñoz 2024), particularly where United Nations representatives have mediated the talks (Mallinder, 2026b forthcoming). PeaceRep data indicates, however, that these interpretations do not yet have widespread support among conflict-affected states. The Peace Agreement Amnesties dataset has found that among the 120 peace agreement commitments to grant amnesty from 1990 to 2024, only 28 stated that the amnesty could not extend to genocide, crimes against humanity and/or war crimes (Mallinder, 2026b, forthcoming).
In addition, the ACPA database found that of the 318 conflict-related amnesties only 26 per cent had some form of exclusion for international crimes and/or serious human rights violations. In contrast, 41 per cent of conflict-related amnesties extended to international crimes and serious human rights violations (Mallinder and Shaw 2024).
This data suggests that states continue to be willing to grant amnesties, even for the most serious offences.
Amnesty, Security, and Transitional Justice
A central question in the design of amnesties is whether individuals should be required to comply with conditions in order to obtain and retain the amnesty. The African Union Transitional Justice Policy finds that only ‘unconditional amnesties that prevent investigations’ are impermissible. In the Belfast Guidelines on Amnesty and Accountability, other experts have argued that amnesties ‘are more likely to be viewed as legitimate where they are primarily designed to create institutional and security conditions for the sustainable protection of human rights, and require individual offenders to engage with measures to ensure truth, accountability and reparations’.
The ACPA data has found that 52 per cent of conflict-related amnesties are unconditional (Mallinder and Shaw 2024). These occurred most often during ongoing conflicts, but almost half of post-agreement amnesties were also unconditional. Of the 48 per cent of conditional amnesties, 45 per cent require amnestied persons to fulfil conditions related to ending the armed conflict. These can include requirements to surrender, disarm, reintegrate, renounce violence, and refrain from recidivism. 13 per cent of the amnesties required individuals to contribute to fulfilling victims’ rights to truth, justice and/or reparations.
References
PeaceRep’s key findings series presents a top-line overview of findings from the breadth and depth of the consortium’s data-driven and in-country research between 2021 – 2027. The findings presented here represent our main contributions to the field, but for the sake of brevity and ease of uptake are not necessarily exhaustive of all PeaceRep work on each thematic and geographic area. Read the individual works linked here for more detailed analysis. To view all PeaceRep publications, visit the publications database.
The list of authors below includes all authors whose work is represented in the key findings.
To cite these findings, use the suggested citation below.
Citation
Mallinder, L., Shaw, D. (2026). PeaceRep Key Findings: Amnesties. PeaceRep: The Peace and Conflict Resolution Evidence Platform, University of Edinburgh.
References
Mallinder, L. (2024). Amnesties for Political Crimes: From Terrorism to Dissent (PeaceRep and Fundación Alternativas Report). PeaceRep: The Peace and Conflict Resolution Evidence Platform, University of Edinburgh. http://dx.doi.org/10.7488/era/5489
Mallinder, L. (2026a forthcoming). Peace Agreement Amnesties Dataset.
Mallinder, L. (2026b forthcoming). How Amnesties are used in Peace Agreements. PeaceRep: The Peace and Conflict Resolution Evidence Platform, University of Edinburgh.
Mallinder, L. (2027 forthcoming). Customary International Law, International Crimes, and Amnesties: The Legality and Limits of the Anti-Amnesty Norm in International Law (Cambridge University Press) .
Mallinder, L. and Shaw, D. (2024), Amnesties, Conflict and Peace Agreement Database, Version 2, Peace and Conflict Resolution Evidence Platform (PeaceRep) and Queen’s University Belfast. https://peaceagreements.org/amnesties/