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| List of cited Amnesty Committee hearing transcripts | |
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| Frequently cited Amnesty Committee decisions | |
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| List of abbreviations | |
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| List of abbreviated cases | |
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| List of figures | |
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| Preface | |
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| Introduction | |
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| Note on linguistic usage, especially of the terms perpetrator and victim | |
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| Note on citation of sources | |
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| The TRC-based Amnesty Scheme: Background and Overview | |
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| The amnesty provisions of the TRC Act | |
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| Preconditions and effect of amnesty | |
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| The history and interpretation of the amnesty provisions | |
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| The constitutional challenge to the amnesty provisions | |
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| The work of the Amnesty Committee | |
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| The examination of amnesty applications | |
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| The influence of previous indemnity legislation on application numbers | |
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| Judicial review of amnesty decisions | |
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| After the TRC: pardons, prosecutions and rumours of further amnesties | |
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| The Practice of the Committee When Making Decisions | |
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| Methodology of the study | |
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| Information base | |
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| Relevant criteria | |
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| Indicative value of an application's outcome in respect of these factors | |
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| Calculation of success rates | |
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| Recorded information | |
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| Findings in relation to applicants and incidents | |
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| The applicants and their deeds | |
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| Implications of the quantitative findings for the representativity of amnesty applications | |
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| Hierarchical status of applicants within their organisation | |
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| Applicants' mandates: orders, discretion and spontaneous (re-)action | |
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| Outcome of amnesty applications | |
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| Reasons given for the success of applications | |
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| Reasons given for the failure of applications | |
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| The Committee's Interpretation of the Political Offence Requirement | |
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| The purposive nature of the political offence | |
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| Assessment from an ex-ante perspective | |
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| Responsibility for human rights violations | |
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| The applicant's political mandate | |
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| The personal mandate | |
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| The general mandate | |
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| Reasonable belief in the existence of a mandate | |
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| The significance of orders | |
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| The multiple functions of orders | |
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| The 'foot-soldier privilege' | |
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| Orders in the amnesty process: privileging 'crimes of obedience'? | |
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| The Committee's approach to factors affecting the gravity of the offence | |
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| The application of the proportionality principle | |
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| International law concepts in the amnesty decisions | |
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| The Committee's approach to the gravity of the deed: an evaluation | |
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| Explaining the Committee's pragmatic approach to the political offence requirement | |
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| Conclusion | |
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| The Concept of Full Disclosure | |
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| The object and scope of full disclosure | |
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| The truth-maximising view | |
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| The restrictive approach | |
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| The Committee's middle way | |
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| Relevant facts | |
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| The 'relevancy threshold' for details | |
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| The consequences of non-disclosure of a relevant fact | |
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| The legal standard for the finding that full disclosure has been made | |
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| Evidential burden and 'benchmark' for full disclosure | |
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| The legal test | |
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| The time and manner of disclosure | |
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| The assessment of the evidence | |
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| Admissible evidence and the 'hierarchy' of evidential sources | |
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| Applicant's version unchallenged | |
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| Relevant conflicting evidence | |
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| Full disclosure: an assessment | |
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| Truth Recovery in the Amnesty Process | |
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| Procedural practice affecting the scope of the enquiry | |
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| The investigative objectives of the amnesty process | |
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| The organisation of the process | |
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| Getting witnesses to testify: legal powers and Committee practice | |
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| Role and rights of implicated persons | |
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| Privileged information | |
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| Discovery and documentation of truth in the amnesty process | |
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| The discovery function: evidence used | |
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| Cross-examination and the dangers of accomplice evidence | |
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| The use of hearsay evidence | |
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| The documentation function: findings made | |
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| Summary | |
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| Available evidence and findings: individual amnesties and criminal trials compared | |
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| The amnesty process and different dimensions of truth | |
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| Victim Empowerment in the Amnesty Process | |
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| Victim participation in the amnesty process | |
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| The power of dialogue: the victims of Jeffrey Theodore Benzien | |
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| The price of engagement: the victims of Robert McBride | |
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| The struggle for forgiveness: the mother of Lindi-Ann Fourie | |
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| The amnesty process and victims' needs | |
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| Opportunities for victims: criminal trials and amnesty proceedings compared | |
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| Conclusion | |
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| Perpetrator Accountability in the Amnesty Process | |
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| The notion of accountability | |
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| The amnesty process as a call to account | |
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| The retributivist challenge: no accountability without sanctions? | |
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| Restorative justice to the rescue? | |
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| The place of apology and forgiveness | |
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| Conditional amnesty for political crime: a new justice script? | |
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| Conditional Amnesty and International Law | |
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| Prescriptive international standards which restrict sovereign grants of amnesty | |
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| Humanitarian law | |
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| Crimes against humanity | |
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| General human rights law | |
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| Human rights treaties addressing specific violations | |
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| Do duties to prosecute rule out conditional amnesties? | |
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| The relevance of international law duties to prosecute for the South African amnesty scheme | |
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| Invocations of international law in the South African transition | |
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| After South Africa: conditional amnesty in future transitions | |
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| Conclusion | |
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| Feasibility | |
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| Legality | |
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| Morality | |
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| Concluding remarks | |
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| Bibliography | |
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| Index | |