有罪不罰(英語:impunity)的意思是"exemption from punishment or loss or escape from fines"(免於處罰或損失或逃避罰款)[1]


In the international law英语international law of human rights英语human rights, it refers to the failure to bring perpetrators of human rights violations英语human rights violations to justice and, as such, itself constitutes a denial of the victims' right to justice and redress英语Legal remedy. Impunity is especially common in countries that lack a tradition of the rule of law, suffer from corruption英语Political corruption or that have entrenched systems of patronage英语patronage, or where the judiciary英语judiciary is weak or members of the security forces are protected by special jurisdiction英语jurisdictions or immunities英语immunity from prosecution. Impunity is sometimes considered a form of denialism英语denialism of historical crimes.[2]




The 亞美尼亞種族滅絕 was fueled by impunity for the perpetrators of earlier massacres of Armenians早期屠殺亞美尼亞人的肇事者逍遙法外, such as the 1890s 哈米德大屠殺.[3] After the genocide, the 塞夫尔条约 required Turkey to allow the return of refugees and enable them to recover their properties. However, Turkey did not allow the return of refugees and nationalized all Armenian properties英语confiscation of Armenian property.[4] A secret annex to the 洛桑条约 (1923年) granted immunity to the perpetrators of the 亚美尼亚种族灭绝 and put an end to the effort to prosecute Ottoman war criminals英语effort to prosecute Ottoman war criminals.[5][6][7][8] Hardly anyone was prosecuted for the systematic murder of hundreds of thousands of Armenians.[9] According to historian Stefan Ihrig英语Stefan Ihrig, the failure to intervene and hold perpetrators accountable made the genocide the "double original sin" of the twentieth century.[10]


The amended Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity英语United Nations Principles to Combat Impunity, submitted to the United Nations Commission on Human Rights英语United Nations Commission on Human Rights on 8 February 2005, defines impunity as:

the impossibility, de jure or de facto, of bringing the perpetrators of violations to account – whether in criminal, civil, administrative or disciplinary proceedings – since they are not subject to any inquiry that might lead to their being accused, arrested, tried and, if found guilty, sentenced to appropriate penalties, and to making reparations to their victims.[11]


The First Principle of that same document states that:

Impunity arises from a failure by States to meet their obligations to investigate violations; to take appropriate measures in respect of the perpetrators, particularly in the area of justice, by ensuring that those suspected of criminal responsibility are prosecuted, tried and duly punished; to provide victims with effective remedies and to ensure that they receive reparation for the injuries suffered; to ensure the inalienable right to know the truth英语right to know the truth about violations; and to take other necessary steps to prevent a recurrence of violations.


該文件的第一原則指出: 有罪不罰是由於國家未能履行其調查侵權行為的義務;對肇事者採取適當措施,特別是在司法領域,確保那些涉嫌刑事責任的人受到起訴、審判和應有的懲罰;為受害者提供有效的補救措施,並確保他們獲得對所受傷害的賠償;確保了解侵權行為真相的不可剝奪的權利;並採取其他必要措施防止再次發生違規行為。

真相委員會英语Truth commissions are frequently established by nations emerging from periods marked by human rights violations – coups d'état英语coup d'état, military dictatorship英语military dictatorships, civil war英语civil wars, etc. – in order to cast light on the events of the past. While such mechanisms can assist in the ultimate prosecution of crimes and punishment of the guilty, they have often been criticised for perpetuating impunity by enabling violators to seek protection of concurrently adopted amnesty law英语amnesty laws.[12]

The primary goal of the 国际刑事法院罗马规约 of the 国际刑事法院, adopted on 17 July 1998 and entered into force on 1 July 2002, is "to put an end to impunity for the perpetrators" [...] "of the most serious crimes of concern to the international community as a whole".[13]




  1. ^ Free Dictionary. Free Dictionary. [2009-12-23]. (原始内容存档于2019-05-23). 
  2. ^ 2.0 2.1 Avakian, Paul. Denial in Other Forms. Genocide Studies and Prevention. 2018, 12 (1): 3–23 [2022-09-20]. ISSN 1911-0359. doi:10.5038/1911-9933.12.1.1512可免费查阅. (原始内容存档于2021-07-23). 
  3. ^ Dadrian, Vahakn N. The History of the Armenian Genocide: Ethnic Conflict from the Balkans to Anatolia to the Caucasus. Berghahn Books. 2003: 386 [2022-09-20]. ISBN 978-1-57181-666-5. (原始内容存档于2022-09-20) (英语). 
  4. ^ Matossian, Bedross Der. The Taboo within the Taboo: The Fate of 'Armenian Capital' at the End of the Ottoman Empire. European Journal of Turkish Studies. Social Sciences on Contemporary Turkey. 2011 [2022-09-20]. ISSN 1773-0546. doi:10.4000/ejts.4411可免费查阅. (原始内容存档于2022-10-28) (法语). 
  5. ^ Scharf, Michael. The Letter of the Law: The Scope of the International Legal Obligation to Prosecute Human Rights Crimes. Law and Contemporary Problems. 1996, 59 (4): 41–61 [2022-09-20]. ISSN 0023-9186. JSTOR 1192189. doi:10.2307/1192189. (原始内容存档于2018-07-19). Initially, the Allied Powers sought the prosecution of those responsible for the massacres. The Treaty of Sevres, which was signed on August 10, 1920, would have required the Turkish Government to hand over those responsible to the Allied Powers for trial. Treaty of Peace between the Allied Powers and Turkey [Treaty of Sevres], art. 230, at 235, Aug. 10, 1920, reprinted in 15 AM. J. INT'L L. 179 (Supp 1921). "The Treaty of Sevres was, however, not ratified and did not come into force. It was replaced by the Treaty of Lausanne, which not only did not contain provisions respecting the punishment of war crimes, but was accompanied by a 'Declaration of Amnesty' of all offenses committed between 1914 and 1922." Treaty of Peace between the Allied Powers and Turkey [Treaty of Lausanne], July 24, 1923, League of Nations Treaty Series 11, reprinted in 18 AM. J. INT'L L. 1 (Supp. 1924). 99. 
  6. ^ Bassiouni, M. Cherif. Crimes Against Humanity: The Case for a Specialized Convention. Washington University Global Studies Law Review. 2010, 9 (4): 575–593 [2022-09-20]. ISSN 1546-6981. (原始内容存档于2022-09-21). During World War I (WWI) (1914-18), almost twenty million people were killed... During that conflict, one situation stood out: the estimated 200,000-800,000 civilian Armenians killed in 1915. (4) In 1919, the Inter-Allied Commission (save for the U.S. and Japan) called for the prosecution of Turkish officials responsible. (5) That call was advanced on the basis of the 1907 Hague Convention's preamble referring to "the laws of humanity." (6) However, no prosecutions ensued. Instead, Turkey received immunity in a secret annex of the Treaty of Lausanne. (7) 
  7. ^ Dadrian, Vahakn. The Historical and Legal Interconnections Between the Armenian Genocide and the Jewish Holocaust: From Impunity to Retributive Justice. Yale Journal of International Law. 1998, 23 (2) [2022-09-20]. ISSN 0889-7743. (原始内容存档于2020-12-03). The delayed peace settlement is, of course, the Lausanne Treaty. Yielding to the pressures of the implacable Kemalists, the victorious Allies abjectly discarded the two-year-old S~vres Treaty,26 through which they had attempted to prosecute and punish the authors of the Armenian genocide and, at the same time, redeem their promises for a future Armenia. After expunging all references to Armenian massacres (and, indeed, to Armenia itself) from the draft version,27 they signed the Lausanne Peace Treaty, thus helping to codify impunity by ignoring the Armenian genocide. The international law flowing from this treaty, while a sham in reality, lent an aura of respectability to impunity because the imprimatur of a peace conference was attached to it. A French jurist observed that the treaty was an "assurance" for impunity for the crime of massacre; indeed, it was a "glorification" of the crime in which an entire race, the Armenians, was "systematically exterminated." 2 " For his part, David Lloyd George, wartime Prime Minister of Great Britain, found it appropriate to vent his ire when he was out of power: He declared the Western Allies' conduct at the Lausanne Conference to be "abject, cowardly and infamous." 29 A creature of political deal-making, the Lausanne Treaty was a triumph of the principle of impunity over the principle of retributive justice. 
  8. ^ Penrose, Mary. Impunity- Inertia, Inaction, and Invalidity: A Literature Review. Boston University International Law Journal. 1999, 17: 269 [2022-09-20]. (原始内容存档于2022-09-22). Beginning with the Treaty of Lausanne in 1923, the award of amnesty to defeated forces has often been the political price paid for achieving a cessation of hostilities. 
  9. ^ Kuyumjian, Aram. The Armenian Genocide : International Legal and Political Avenues for Turkey's Responsibility (PDF). Revue de Droit (Université de Sherbrooke). 2011, 41 (2): 247–305 [2022-09-20]. doi:10.17118/11143/10302可免费查阅. (原始内容存档 (PDF)于2022-03-02). 
  10. ^ Ihrig, Stefan. Justifying Genocide: Germany and the Armenians from Bismarck to Hitler英语Justifying Genocide: Germany and the Armenians from Bismarck to Hitler. Harvard University Press. 2016: 7. ISBN 978-0-674-50479-0 (英语). 
  11. ^ Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity. Derechos.org. [2009-12-23]. (原始内容存档于2019-05-14). 
  12. ^ "What Next for International Justice?"页面存档备份,存于互联网档案馆International Center for Transitional Justice
  13. ^ Preamble, Rome Statute of the International Criminal Court. [2022-09-20]. (原始内容存档于2013-10-19).