Impunity

Abstract

Impunity is not only the lack of punishment but also entails the lack of investigation and prosecution of those responsible for crimes, which precludes victims from knowing the truth about the facts, identifying the authors and obtaining adequate redress for the damage suffered. Impunity can be de facto or de iure although its effects are the same. The issue of impunity has been raised especially about serious human rights violations committed during an armed conflict or authoritarian regime, which the State must face in a post-conflict situation or transition towards a State of Law based on the respect for human rights. In this regard, the establishment of international criminal tribunals has contributed to do justice and to prosecute those responsible for these crimes, although it is preferable that the State where the events occurred does it. While amnesties or equivalent measures are considered unacceptable in international law when preventing from investigating, prosecuting and punishing the perpetrators of serious human rights violations, in practice States have continued to adopt such measures that promote impunity