The term impunity refers to an exemption from punishment from the consequences of an action that would otherwise be deemed wrongful and in need of restitution or justice. Impunity is defined by Velasco as a failure to prosecute those responsible for horrendous crimes such as brutal killings, rape, torture and mutilations. It is argued by Velasco that impunity sends the message to dangerous perpetrators that there actions are justifiable and excusable. It allows perpetrators to avoid any accountability for their actions and as a result aggravating their dangerous behavior. Furthermore it is argued that impunity can be defined as an epidemic as it accepts and promotes the continuation of the dangerous behavior that are deemed worthy of impunity. Velasco also defines it as a system of domination that can often times be intertwined into government policies and decisions and promote certain levels of terror.
Velasco, N.J (2008). The Guatemalan Femicide: An Epidemic of Impunity. Law and Business Review of the Americas, 14(2), p. 397.
Agnolucci first and foremost defines impunity as a defense for human rights violators that keeps them from paying justice for their wrongful actions. Agnolucci furthermore defines impunity as a means of denying accountability to a perpetrator and as such identifies the phenomenon as negative and furthermore does not see its usefulness. Agnolucci discusses the problematic nature of impunity arises with respect to deportation of human rights abusers. The author acknowledges that by promoting deportation of human rights abusers, the problem arises when the perpetrators reach their country of origin and receive impunity for their crimes. This denies any chance of accountability and punishment for the wrongdoings which in turn obstructs justice and allows the perpetrator to walk freely.
Agnolucci, S. (2007). Deportation of human rights abusers: Towards achieving accountability, not fostering impunity. Hastings International and Comparative Law Review, 30(3), p. 347.
Rikhof defines impunity with particular attention paid to the international context that it exists within, as an exemption from prosecution and punishment of a perpetrator of international crime. Rikhof furthermore defines impunity as a negative attribute to law and as such does not see its relevance and necessity. The author furthermore argues that impunity affects crimes of concern to the international community and as such by accepting the concept of impunity there is no chance of preventing these crimes. As such based on this analysis it can be argued that impunity is a concept that gets in the way of deterring other from committing these crimes of concerns.
Rikhof, J. (2009). Fewer Places To Hide? The Impact Of Domestic War Crimes Prosecution on International Impunity. Criminal Law Forum, 20(1), pp. 1-51.
Upon evaluating the crossover between all three academic authors it has become evident that impunity is not held in a positive light but rather seen as impeding on the attainment of justice and accountability. Rojes Baeza (2000) more specifically defines impunity as a means of ensuring an impossible reparation for the victims as well as ensuring that perpetrators walk free without the seeking of truth.
Rojas Baeza, P. (2000). Impunity: An impossible reparation. Nordic Journal of International Law, 69(1), pp. 27-34.
An example set by Velasco is with respect to the Guatemalan Femicide and more specifically with the impunity of the perpetrators involved in this femicide. Velasco identifies that over 2, 700 women have been brutally raped and killed in Guatemala however the perpetrators of these crimes are receiving impunity to the corrupt system of female oppression and patriarchy that exists. Authorities are not seeking the truth and are ignoring cases of violence and the killing of women allowing perpetrators to run free. In the case of Claudina discussed by Velasco although the perpetrator was identified and there were sufficient grounds to prosecute the individual, due to the corrupt nature of the authorities and the fact that the victim was female, a blind eye was turned and the perpetrator was not charged.
Velasco, N.J (2008). The Guatemalan Femicide: An Epidemic of Impunity. Law and Business Review of the Americas, 14(2), p. 397.
Another example was set out by Agnolucci, about Josef, a Lebanese war criminal who tortured countless individuals. This is an example of immigration-based accountability as he fled to the United States where he remains with impunity. However due to the United State’s law regarding the ten year statue of limitations the possibility of prosecution under the Alien Tort Claims Act is not possible and the United States cannot prosecute Josef. Furthermore although deportation is possible under relatively new deportation laws the United States fears that this is letting the individual off easy and although he temporarily lives with impunity, if deportation occurs then he may attain permanent impunity in his country of origin.
Agnolucci, S. (2007). Deportation of human rights abusers: Towards achieving accountability, not fostering impunity. Hastings International and Comparative Law Review, 30(3), p. 347.
A third example set by Reubner was back in 2003 when Israel used U.S weapons to harm and kill Palestinian Official when invading a refugee camp. This is an example of a war crime where perpetrators receive impunity for their actions. The use of these weapons violated the U.S Arms Export Control Act that regulates that U.S weapons can only be used for legitimate self-defense. The U.S state declared that due to the fact that the US ordered Palestine to stop the violence and they did not comply, as a result Israeli officials were only acting in self defense to stop the violence. Therefore in this example set out by Reubner these Israeli officials received impunity for their actions as they were not held accountable for the harm and killings that transpired. (Reubner, J. (2003). Using american-made weapons, israel continues to strike with impunity. The Washington Report on Middle East Affairs, 22(2),p.8 ) De Zayas also refers to impunity as a means of excusing officials for their actions and allowing them to continue their crimes without prosecution.
De Zayas, A. (1995). Impunity for war crimes, or mistaken identity? Criminal Law Forum, 6(3), p. 547.
An illustration of impunity is by Mayerfield who argues that impunity is a means of excusing perpetrators from wrongful crimes they have committed and that international criminal trials are necessary and needed in order to end impunity. Mayerfield outlines impunity as a failure by national justice systems due to governments being unable or unwilling to prosecute individuals who have committed crimes. Mayerfield links international criminal law and national sovereignty as a means and site by which impunity continues to preserver and illustrate itself.
Mayerfeld, J. (2006). Ending impunity. Ethics and International Affairs, 20(3), pp. 361-366.
On impunity. (2013). Economic & Political Weekly. 48 (02).
Reubner, J. (2003). Using american-made weapons, Israel continues to strike with impunity. The Washington Report on Middle East Affairs, 22(2), 8.
http://www.merriam-webster.com/dictionary/impunity. accessed Feb 26, 2014.
Human Rights First Report (2008). Private Security Contractors at War: Ending the Culture of Impunity
http://www.humanrightsfirst.org/wp-content/uploads/pdf/08115-usls-psc-final.pdf. accessed Feb 26, 2014.
Case law
This term does not lend itself to specific case law because it is the very concept that keeps perpetrators of crime from ever having to see the inside of a courtroom. Impunity ensures that perpetrators are never prosecuted.
Other related terms
Immunity, Indemnity, Exemption.
Agnolucci, S. (2007). Deportation of human rights abusers: Towards achieving accountability, not fostering impunity. Hastings International and Comparative Law Review, 30(3), p.347.
De Zayas, A. (1995). Impunity for war crimes, or mistaken identity? Criminal Law Forum, 6(3), p. 547.
Mayerfeld, J. (2006). Ending impunity. Ethics and International Affairs, 20(3), pp. 361-366.
Rojas Baeza, P. (2000). Impunity: An impossible reparation. Nordic Journal of International Law, 69(1), pp. 27-34.
Rikhof, J. (2009). Fewer Places To Hide? The Impact Of Domestic War Crimes Prosecution on International Impunity. Criminal Law Forum, 20(1), pp. 1-51.
Velasco, N.J (2008). The Guatemalan Femicide: An Epidemic of Impunity. Law and Business Review of the Americas, 14(2), p. 397.