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Hello, everyone. Good afternoon or good morning for those who like me are in their home countries.

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I would first like to thank you for joining them, getting ready for the invitation.

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I'm very glad to do my grunty view. And I'll teach ya by doing by presenting a seminar.

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I will now start sharing my screen with you. Because I have some slides to share, point second.

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So here we are. Well, I will initially start by giving you a bit of introduction on on the background of this research.

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Political crimes and this scope and limitations to transitional transitions,

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to democracy as part of a bigger project that I come to at the University of Maastricht there.

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I see. I work on the topics of political crime. I analyse them through the lenses of extradition and of amnesties.

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Also by conducting some empirical quantitative research on the cases of Brazil and South Africa.

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Currently, I came to Oxford and joined the Latin American Centre to do the empirical analytical part concerning the Brazilian case.

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What I will present to you today, though, is part of the first phase of my research,

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where I do a more doctrinal research on the relationship between amnesties and political crimes, hence political crimes as well.

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And amnesties is a work in progress. And as you might probably see, I still have some open questions in my mind that I plan to share with you today.

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So before I jump into topic, I will give you a bit more of structure on what I plan to say.

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The first the starting point of my presentation will be to address to explain the

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motivations as to why I decided to analyse political crimes in the context of amnesties.

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Why is this relevant, relevant question critically? Secondly, I will present a definition of amnesty that I use.

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I will describe the procedural aspects of amnesties and bring an attempt to present different and fresh analysis rationales involved in

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it and relating these rationalities rationalities to the interests of the subject that are involved in the amnesty decision process.

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Finally, I get to watch crime scan figure as the material scope of amnesty,

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and then I analyse the relationship between Amnesty's and political crimes.

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By doing so, I aim to demonstrate the gaps in the amnesty literature concerning political crimes,

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despite their relevance as object of amnesty as well.

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I'm trying to pinpoint aspects of amnesties that might affect the concept of political crimes.

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Finally, I arrived to one amnesty laws label as political crimes,

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and I attempt to design the elements of crime that are present and political crimes being political crime, a crime as then as the label would say.

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The final objective is to analyse them as a normative rather than a political than a political category.

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And with this, I would I would like to highlight that when I talk when I go to this parallel between normative and political concept,

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it's because amnesties tend to be mostly guided by political concerns rather than legal aspects,

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which does not mean that the normative standards are not applicable and should not be applicable.

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One of them raised, one of them raised by me is as a model where rule of law is the final goal of Amnesty's.

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And with this, I aim to limit the discretion. That's things usually have in granting amnesties.

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Hands. According to two, two, two, two, the thoughts that I will present to you today.

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The normative backdrop is not only beneficial because it gives a bit more of security and structures to the amnesty procedure,

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but also is necessary to delay, imitate, to imitate states.

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Why then do I investigate political crimes in the context of Amnesty's?

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The first reason is because both of them are linked to positions, which is our connecting topic today.

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I would say that both of them are present in transitions from war to peace, from authoritarianism to democracy or any other sort of conflict.

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And Amnesty's on on the. On the one side. Ah.

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Ah. Ah. Mechanism that was presence for a long time and as a as a peace instrument.

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And by this I could do a big historical conversion and go to Greece, which I will look to currently in the transitional justice framework.

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Amnesty's account for over one half of the transitional justice mechanisms, which highlights that the relevance of the instrument.

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However, at the same time,

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they receive a lot of criticism and they are frequently challenged as it happened in many cases in Latin America, apart from in Brazil.

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When I say that I will talk about amnesties, I would like to highlight also that we have different types of amnesties.

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We have conditional amnesties and unconditioned amnesties.

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We have amnesties that are a result of fairly open public discussion of the decision on granting them.

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And we have amnesties that are simply posed by dictators.

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So these nuances need to be analysed.

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When we talk both about amnesties and when we talk about political crimes and why here don't talk about political crimes.

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Most Amnesty Scholder political crimes,

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they account for approximately 85 percent of all the amnesties granted during a period during the period from 1990 to 2000 and sixteen.

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That's my question is what are political crimes in the context of Amnesty's?

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This will be a pending question for a while, but I don't plan to answer in the beginning of representation.

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Most part of the literature tackles the political crimes that can receive amnesties under the label of international crime.

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And this is this is a mess. This is part of a massive literature that I've had that I have come across.

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But I deem this to be a bit problematic for two reasons.

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First, because international crimes, they are only account accountable for 22 percent of all the amnesties granted.

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So even though they are a very problematic part of it, they are not the biggest part of it.

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Second, because Amnesty's seems to me to be rather a problem of domestic criminal law all or at least the amnesties that I focus on my research.

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And an example of this is the clash that South Africa had with the apartheid convention of 1973,

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where they did not sign nor ratified and did not do so until notice in order to protect at the time the ridging that was in power.

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And now that days possibly to protect their amnesty.

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The concept of political crime and a possible overlap with international crimes become a source of bigger concern.

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Well, that's a shows that. Free democracies are decreasing on their quality,

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and free democracies are traditionally the ones that do not consider international amnesty for international crimes.

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This overlap between international crimes and amnesties is hence a problem because it might put in danger the compliance with human rights.

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And with this, I tried to argue that Amnesty's an intern and political crimes lack a normative background,

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which as a consequence, leave leave states to the to discretion to apply them according to their wishes.

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Second, I argue that political crimes can offer or at least offer some normative background to amnesties since we are talking about a crime and crime.

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Traditionally demands a definition to be aligned to the legality principle.

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And as a consequence, I propose some elements that derived from the amnesty analysis to figure as elements of the crime of the political crime.

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With this, I jumped into Yemen, into the Amnesty's overview.

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I know I promised to not do any historical diversion, but here I need to jump in to Greece, 404 for Christ, the the very big root of that.

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And this two words is a net amnesia, which is a Greek word for oblivion, forgetfulness.

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And even if historically amnesties were related to oblivion and recently they might have changed,

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the biggest part of amnesties are still not related to memory and truth recovery.

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Less than 20 out of two hundred and eighty nine amnesties from 1990 to 2016 are conditioned to truth.

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They have been thus used to keep mostly used to keep peace between conflicting conflicting states and political enemies.

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My working definition of Amnesty's is. A state official policy or law that grants forgiveness in criminal jurisdiction to prospect and

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previous consequences of criminal behaviour in response to pullets to exceptional circumstances.

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And by this we have five features from amnesties that emerge.

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And I will briefly explain them to you. The first is that Amnesty's work ends and remain an expression of sovereign power.

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And the relevance of this is because when it started back there a bit after Greece with a Gittings granting pardons to their citizens.

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They were related to an expression of such sovereign mercy.

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And nowadays, events suppressed in the most various ways.

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We will approach it when we talk about the procedures and amnesty. The second is the recognition in civil or criminal consequences of the crime.

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First, when addressing the criminal consequences of the crime,

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they are both related to prospect consequences in the sense that a crime is committed today.

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An investigation is still not in place, but Amnesty's already gives some protection to this perpetrator.

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I'm also due to brief U.S. Consequences in the sense that the crime is committed.

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The individual was sentenced and then amnesty comes for both cases.

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Amnesty would cover the criminal consequence.

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The second aspect, and for me may be a bit more problematic, is that Amnesty's, according to countries, can or can cover or not.

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The civil consequences of the crime and in the cases where they would cover also the civil consequences of the crime.

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This would implicate keeping victims.

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Absolutely. The UN assistance, which is a very serious problem.

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When we talk about gross human rights violations and international crimes,

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from the criminal law perspective, I would also like to highlight that Amnesty's are not.

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Do not bring a statement concerning the liability of the crime, but rather of the responsibility of the individual for its consequences.

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And the message before behind's it is that what we talk about, someone who committed a political crime.

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The amnesty message is, well, the crime might have been committed.

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This person might have been might have perpetrated the crime and steal.

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We will choose to not prosecuted and obviously,

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depending on which crime was the political crime in case this have this might

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have suffered serious consequences to the moral and moral message behind it.

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The group targeted by Amnesty's is necessarily as tight as I put it, a title.

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A group, not an individual. Amnesty's weren't are not namely destined to two individuals, as is the case, for instance, with the pardons.

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And we have very recent examples of the pardons given by the former American president.

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When we talk about a timeframe of this D, they have they have a predefined starts, an ending point.

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They cover it crimes from day any to date set.

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They are not unlimited time and also it covers both past and future conducts and we talk about future conduct.

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It's because Amnesty's especially if they aim to to to involve individuals that are currently in conflict,

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are currently part of the conflict, rebels and et cetera.

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They can they can serve as to stimulate them to lay down their arms.

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And last but not least, the exception to the context and by exceptional context, I mean that Amnesty's,

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as we established, are usually a result of wars of dictatorship and some other sort of conflict.

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And by saying this, we assume at least that this is not the norm, rather the exception.

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So they are usually applied in exceptional contexts. And I suspect.

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And here I, I give a bit of a hint of my views on political crime.

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That's the contextual circumstances of the moment when amnesty was granted will operate a relevant standard in the analysis

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of political crimes and defining the different levels of violence that can or will be tolerated by a certain amnesty.

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Even if I have briefly mentioned pardons and other forms of state leniency towards criminal behaviour or are not in the scope of this research,

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such as immunities, statute limitations and others.

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As I said before, amnesties are very, very right.

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We can have many different amnesties with many different features.

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And usually what makes the difference between them are how they are granted.

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And that's why I decided to talk about the procedural aspects of Amnesty's.

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I defined it the procedural aspects into two phases of amnesty and the stakeholders which I would present soon when talking about the freight,

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the phases of amnesty. So I am by analysing literature.

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I realise that most of the times amnesties are mentioned quite honest is that the UN systematically,

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in the sense that sometimes we talk about granting, sometimes we talk about applying.

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So I tried to organise this into three phases. First is the granting phase, and I would say that this is what's the most important and common one.

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The granting phase and I like this, the decision of granting amnesty and reach legal instruments are used for it.

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There are three different legal instruments, long peace agreements and executive discretion.

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And the difference between them is that it will. There are some nuances according to the level of public participation that they are involved.

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And even in the executive discretion, we can have executive decrees that are later discussed with the public and a referendum or something like this.

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And also, we can have laws that are amnesty laws that are passed by a non democratically elected legislature.

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So these are relevant nuances when we talk about the instruments of amnesty.

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The second relevant part of it.

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Granting face for me is the conditionality of amnesty. Amnesties can be rented with conditions or not.

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And the condition would be the obligation to apply to to apply to amnesty in order to provide the perpetrator the chance to obtain or retain amnesty.

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They play a relevant role and amnesties since, according to literature,

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the legitimacy and capacity to contribute to peace of an amnesty and can provide

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dependent on the existence and the quantity of the conditions attached to the process.

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There are mainly two types of Amnesty's sorry, there are mainly two types of conditions,

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the ones that focus on combat combatants and the ones that focus on victims.

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There are also unconditional amnesties. They consist of 35 percent of the total of Amnesty's annualised of the total.

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One hundred and eighty nine amnesties analysed. Between 2000 and nineteen ninety sorry, between 1990 and 2016.

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And here I got some data to show, which are usually the conditions that are present in the end, the conditional on the states.

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And as you can see, telling the truth and repairing the victims are not the biggest part of them.

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And this I would like to highlight, because we will we will analyse this as an element later on.

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Again. With this, I move on to the application phase, the application phase,

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depending on which decisions are worth taking during the granting phase, might require the bench the beneficiary to apply for amnesty.

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If the amnesty is conditional, that the beneficiary needs to apply to receive the amnesty.

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This means that there is a concrete case analysis before the amnesty is applied to the individual case.

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Hence, another state's authority would analyse the application, which is also helpful to give a bit more of power balance in the amnesty process.

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And there are also applications eventually, in the end, the end, the unconditional amnesties.

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They could they could come as a defence in a criminal proceeding or they could come as a sort of obvious push or an escape.

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I see. I explain here when amnesty can appear as a defence.

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For instance, someone that committed a crime and is being prosecuted in court.

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This person can claim that, in fact, there is no reasoning for this prosecution since this person is Kofod by a previous amnesty.

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And this would happen on a case by case differently.

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I would I labelled that amnesties can be used as a form of this.

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If I say in the case that despite not existing and not existing any conditions to the amnesty application,

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there is a formal process where you have to apply and appear before a certain authority.

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In this case, there would be some analysis also of the suitability and legality of the end of the amnesty application, regardless of any conditions.

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And in all of these three cases, political crimes could be requisite to be evaluated in the amnesty application process.

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And in the in the application phase, I would like to highlight that in all of these cases,

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there will be an individual case analysis by regarding any procedure of application.

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Those amnesties lower by this regarding story whenever it's not the case of needing an

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application face for an amnesty to two for an individual to benefit for the amnesty,

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it would mean that there. That these amnesties lowered to zero the burden of proof and truth, disclosure and victim reparation.

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But this I would like to do a very brief reflection on with my criminal lawyer side speaking out loud,

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because when we talk about a person that commits a crime and alleges and and claims that the crime was committed in self-defence,

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this person still needs to go to court and prove that this was the case of self-defence.

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And when we talk about amnesties that's are granted without any condition and without any application procedure,

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we're talking about amnesties where the person doesn't need to basically say anything to benefit from this order.

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With this after this brief reflection, I would like to jump into the recognition recognition phase in the recognition phase, the amnesty.

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But Midcity is analysed in the sense that it's analysed broadly as the amnesty of the amnesty provision is analysed broadly,

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not on a case by case basis. This could happen in conditional amnesties as it was the case of the case in South Africa.

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And it can also happen in unconditional amnesties as it happened in Brazil.

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In this case, it's still possible that legal measures are taken.

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Eggar, Erica, on this challenging the validity of Amnesty's rather than on individual basis.

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With this move towards the stakeholder analysis, the stakeholders are the persons or entities with an interest or concern in the amnesty process.

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I divided them into three categories. The beneficiary, the granting authority, and I think the most problematic one.

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But I want to take the chance to raise this concern that, ah,

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that what I labelled as bystanders, the beneficiaries of amnesties, are the perpetrators.

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They are the ones that benefit either immediately either after the application or the condition implementation.

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The granting authorities I labelled as the state.

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As I said previously, this the amnesties aren't traditionally given by those who hold power to do so.

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And since they they they they approach the the forgiveness of crimes,

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those who have the legitimacy to forgive these crimes are the ones who work would be responsible,

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Frauke, for them, for the criminal prosecution, which would mean the state.

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And in this category, I would like to highlight the presence of the self amnesties and the reason why I highlight their presence

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is because whenever the state uses an amnesty provision to forgive the crimes committed by their own agents,

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the logic behind the amnesty granted diverges because whenever the state forgives a non-state actor for a crime committed by,

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it is using the fact that the crime was committed, even if not directly, indirectly, against the state.

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Who has the law? However, concerning state actors, the state leniency with them does not make sense actors.

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As as it would be the case of actors in political crimes. And here I would raise the question.

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Can the state be both the victim and the perpetrator of a political crime?

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And finally, I get to the bystander's category by goodbye's by analysing them.

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I would like to to to to give a bit of insight on how I labelled.

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They would be the subject who see what is happening without being actively involved in the amnesty process.

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And here I highlight they are bystanders and in the amnesty process rather than in the crime,

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because obviously victims are not bystanders in the crime. And why do I say this?

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Because both victims and the international community are remaining quiet.

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This tent from the amnesty granting and sometimes whenever conditions are not present,

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also from the application of of Amnesty's, which I find to be very problematic.

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By victims, I am talking about those who are directly or indirectly impacted by the book, by the amnesty.

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And by international community,

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I talk about the states other than the other than those who weren't which were directly involved in the conflict or war.

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And as an example, we'll talk about that, the American presence and the conduct operations in Latin America in the 80s.

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With this, I would like to start discussing the rationale behind amnesty and the rationale behind prosecution.

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The rationale is would be the reason behind the amnesty existence.

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It is necessary to comprehend them because they are justifications behind prosecution and punishment in both domestic and

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international criminal law and relate to and relate them to transitional justice to premises are necessary to be established here.

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The first one is that there is not necessarily a direct opposition between amnesty and prosecution.

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Russian atlas. I do believe at the end that in certain cases, depending on how the procedure of amnesties is developed,

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it is possible that amnesties can cover at least some of the of the the Russian others involved in prosecution.

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And the second premise is that both of these aims are achievable, which would be an analysis,

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whether they are achievable or not, would be a complete different. Research.

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Finally, I I treated in a twofold manner.

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First is that Amnesty's can both lead to achieving the rationale of prosecution or.

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And the rationale is behind amnesties are more important than the ones in persecution.

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With this, I talk about which are the Russian in criminal and international criminal law.

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The Russian army is being behind prosecution are usually retribution, deterrence, restoration and expressive ism.

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I wouldn't want to explain each of them, but I would like to point out to to ask the question whether can amnesty achieve those objectives?

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When we talk about the retribution aspect, the moral analysis of concerning the commitment of a crime.

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It seems to be the case that eventually amnesty can and can represent can give at least a bit of this moral aspect.

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But it really depends on the procedure. And on the the team.

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Concerning the terrorists, I would be a bit more hesitant because amnesties have been repeatedly granted.

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We have some examples of, for instance, Sri Lanka, where we had 30 to Amnesty's best estimate.

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Which means that they do. They still remain necessary because the crimes related to conflict keep on being committed.

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With this, I would like to address restoration and expressive ism, which as well can be achieved by amnesty,

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depending on the procedure which is used, depending on how much victims are involved in the amnesty process.

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Then I'll jump to transition. Whatever the rationale is behind transition, the first one, I would say that is the most immediate one, that is Speace.

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And when we talk about peace, I would just like to do a small observation in the sense that,

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um, the seas are far away from being the requisite to achieving peace.

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Data shows that they are granted in high rates, not only renegotiation, but in fact, during all the other faces,

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conflict, negotiation, renegotiation, mean negotiation, comprehensive agreements and and host agreement.

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And finally, when we talk about truth. As I mentioned before, in the previous slide where I showed the conditions to this D,

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it is also possible to see that truth is not a frequent condition. And in the amnesty, even in the later.

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In the late. Years. The relevance of this question is then what stands out?

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And here I propose some to wait to balance these these rationales.

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The need for retribution, deterrence and restoration, or expressive ism is either outweighed by the need for peace,

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truth and reconciliation, or they are as important as the need for peace, truth and reconciliation.

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The balance should bend to the side of justice.

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Whenever there is a close relationship with the rule of law, punishment and prosecution are deemed as signs of institutionalised accountability.

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Which means that in longer terms, societies might pay a price for skipping this phase.

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Put it like this. The balance tends to the side should bend to the side of peace.

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Whenever a society can be so fragile lies that granting amnesty is the only way to achieve peace in the short term.

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In the case.

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Retribution, deterrence and expressive ism and restoration of hope in case they are not achievable at peace might be the only way to do so.

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Which means the best outcome would come through amnesties. And in this case, we cannot deny it.

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We have different and different interests that are present in amnesty by this part of my presentation.

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I would address which which stakeholders are really two different interests, too.

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At the end. I would like to really these interests to political crimes in the sense that when the states decides to criminalise a search and conduct,

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it aims to with this law protecting certain interests.

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And my question would be, which is the interest protected by political crimes from the state's perspective?

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The interest would be go for an ability and political stability with two important variables as limitations.

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The existence in this state of strong institutions and the rule of law in the sense that the states cannot put in this scope in the book of honesty,

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whichever content they would want, the individual perspective would be we have as an interest the freedom of political prisoners,

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the individual's rights of political expression,

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and also their intricate reintegration of former combatants in the sense that whenever someone is sentenced for the crime,

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they lose most part of the times their political rights,

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which would mean if if a state sentence people to to go to a certain political crimes at the end.

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This would mean that they are they remain outside of the political life of the country.

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And finally, society victims and international community's perspective are reunited by peace amongst other interests

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by which could which I could explain by truth I acknowledgement of the violations and reparations.

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But how do they relate to political crimes? Which of these interests are at stake in the norm protection of of criminalising a political crime?

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I suspect that is the state's perspective that is at stake.

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However, whenever the criminalisation of a political crime would harm more than protect it.

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And this dish should be granted. And with this, I jumped into the heart of this presentation, which crimes can figure in the scope of honesty?

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Usually some criteria aren't the limit.

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Teach it to choose which crimes should or should not be in the scope of amnesty.

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These these crimes these criteria arise from limiting dates.

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Crimes that are committed from a certain date to another date.

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Also by listing crimes Richman's and then amnesty law.

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That would be on a list of which crimes could be forgiven.

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And finally, and most commonly, the third is to introduce amnesty to political and related crimes.

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These three criteria. They can be applied cumulatively or alternatively.

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And here I question. Do they have do these crimes that receive amnesty have any specific quality?

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Which crimes can be granted amnesty? Since the majority of them are political crimes, as I previously said.

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What are the political crimes so far?

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I spoke about political crimes and I purposely did not explain it.

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The first pillar is that I have to step here is that I talk about political crimes

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because this is the term that is used in most part of the amnesty provisions.

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But in fact, what I want to do is to question this thing.

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Literature has traditionally defined it, it's in six categories economic crimes, crimes against individual sexual violence, evasion and desertion.

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And international international crimes and political crimes.

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However, this categorisation leads to the assumption that there could be no overlap when in fact it's all about due overlap.

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Can sexual crimes be considered a political crime? Can international crimes because sudheer a political crime?

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Here I recall the concept of amnesty that I put before, and let's take a hypothesis where the capital, the American capital, is invaded.

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Let's suppose that few years later, the American president, when leaving his or her mandates,

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decides to pass an amnesty act that forgives those who are sentenced to public patrimony discussion,

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bodily injury and homicide and homicides committed during this invasion.

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The invasion is clearly far from being ordinary. It was an exceptional context.

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If those crimes were committed not in the context of these exceptional event, but outside the invasion, there would be no forgiveness for them.

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Starting from the promise,

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from the premise that amnesties are granted to to crimes that are committed to what we label labelled before in an exceptional context,

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at strictly, every crime could be considered for amnesty.

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So long as they are committed under this umbrella. Hence the hype.

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But hypothetically, every crime could be granted amnesty. But is that so?

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Here I start talking about what I suspect cannot be part of this deal, neither as a consequence be considered political crimes.

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I addressed international crimes and gross human rights violations.

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All of them are hardly ever explicitly listed in the amnesties, even though in reality they are sometimes covered by them.

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How can they not be listed and still be eventually,

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Colford states apply diplomatic and diplomatic writing when defining political crimes in the sense that they define without defining a lot.

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Usually these crimes are hidden behind the writing of the amnesty provisions.

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And what hides them sometimes one of the categories that hides international crimes is the category of political crimes.

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The difficult issue with the relationship between international crimes,

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amnesties and political crimes is that Amnesty's cover serious, that Kovar serious human rights violations do not promote peace.

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And this is a result of empirical research then done by Bentzi, even if passed after a conflict that has ended.

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Hence, I ask the question, are international crimes and gross human rights violations subject to amnesty?

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Can they be considered political crimes?

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The first consideration is that there is no legal instrument or hard or soft law that expressly a testing possibility of granting amnesty to crimes,

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not even international crimes. However, there are documents that point out to the need of investigation and or prosecution,

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according to the legal illegal order, which is named as the duty to prosecute.

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It is ironic, though, that the only international document that refers specifically to amnesty does so by encouraging its.

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This controversy is bigger than the present. And this presentation.

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So I will only use it to delimit take the concept that is relevant to me, which is political friends in amnesty.

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The link between the obligation to prosecute an amnesty is that whenever the duty to prosecute applies.

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Amnesty cannot exist since they since they bar the investigation, prosecution or punishment.

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There are three three levels of of analysis of the data to prosecute, which I will skip due to the time.

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But what I would like to highlight is that there are different levels of commitment to prosecution amongst these things,

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instrument conventions that creates the obligation to to prosecute human rights treaties that adopt

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that approach it through to the through the right of remedy and customary international law.

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And my final question would be these limitations affect political crimes, should they affect political crimes?

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And my my my premise is that aligning amnesty to political crime,

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the political element that gives amnesty the possibility of giving a more lenient treatment to a crime.

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Does not seem to be the same element that could lead for a more serious treatment, for instance, towards an international criminal court.

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It would be rather contradiction, contradictory.

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For instance, if a public officer performs conduct that lead to systematic attack of a civilian or military tortures a prisoner,

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can the same political elements be enough to grant forgiveness?

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Water, then the political crimes. If this limit tape.

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If this limitation says that it was cannot be political crimes.

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The most relevant question would be how does this exceptional political elements translate and connect to it, to political crimes here?

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I would like to stop calling them political crimes. And and I am approaching the end of my presentation.

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From the start, I would start calling them crimes with a political element.

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They are conduct's united by the existence of a political elements that links the crime with amnesty for this.

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I have some hypothesis. I have found some hypothesis and literature.

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B, it's the motivation behind the conduct, the targets aimed or the context in which it's the crime is imputed.

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What this literature say. It says that political crimes are very our very various.

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They can start from defamation to extreme violence, which shows that there is a big range of discretion in defining them.

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Still, there are some common places that I would like to point out here behind this different labels that I found in literature,

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for instance, political and politically motivated crimes are political and related common crimes.

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What unites them is a conduct is some is that there are some condos that are fully committed to this political element,

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which means that if not in this and in this state, and that is to say, they would not be a crime.

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And there are conduct's that are only partially related to the political element,

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which means that if you remove the political element, they would still be considered crimes by that.

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As an example of the first ones, I could I could mention treason, rebellion, espionage, Foster Baganda between other elements.

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And as an example of the second category, I could, for instance, mention any theft in the cause of a political fight.

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The big questions are what determines the crimes that aren't fully affected by the political element as political

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crimes concerning those who were those crimes that are partially affected only by this political element,

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which graduations are allowed for it to be granted amnesty.

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In the course of crimes. Literature have been approaching it through the lens consist of of extradition.

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However, I take here a step back to consider whether this would be the solution or even if this would be the solution.

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Why would we? The two different.

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Two different legal categories in the same level. Just because they have the same legal political crimes.

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I take this that back to it to disconnect from extradition,

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labelling them as crimes with full political elements or crimes with a partial political one.

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And what is that I propose here? I propose translating the amnesty elements into elements of political crimes.

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And I name here for the four elements that I propose. The first is the legal interest.

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How did the interest involved in amnesty translate into the legal interests of political crimes?

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As I mentioned before, it seems to me that the interest protected by political crimes are the interests of the state.

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Also, when we analyse the parties to the crime,

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as in who can figure as the perpetrator and the victim of the crime, it would be the state as the victim.

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Because this is basically the rationale behind Rush Alley,

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behind the existence of a political crime and also the perpetrator as far as any other person who is opposing the state,

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which means this relation of opposition is an element of the political crimes.

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Which is also aligned with the with the observation that it did concerning itself.

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And this takes the material elements would be the limitations to the conduct when assessing different levels of violence and the contextual threshold,

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which I approach, as in the amnesty concept, as the exceptional aspect of justice.

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And finally, the mental element does motivation.

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In fact, the mental element, is the motivation enough, the political motivation enough to by itself cover Kovar, deem a crime as a political crime.

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And by this enable it to reach to receive amnesty.

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And this would be, for instance, a rhetorical question and an example concerning terrorism, which might have a political element.

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And with this, I finished my presentation. I would like to thank you so much for your attention.

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And I'm open to the questions.