This study provides guidance on how to best approach the management of an internally-led peace implementation process after violent intrastate conflict, gives an overview of tasks to be taken on, explains the legal framework provided for under international law, and addresses management implications. With a foreword by Nobel Peace Prize Laureate President Martti Ahtisaari.
This book is at heart a guide on how to best approach the management of an internally-led peace implementation process after a violent intrastate conflict. It explains the principal tasks, legal framework and management implications of internal peace implementation and illustrates this with many examples of best practice as well as possible pitfalls. The book integrates a broad analysis of current academic research with a substantial number of interviews with experts from the field. With a foreword by Nobel Peace Prize Laureate President Martti Ahtisaari.
This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. The book describes and evaluates the development of contemporary peace agreement practice, and the documents which emerge. It sets out what is in essence an anatomy of peace agreement practice, and locates this practice with reference to the role of law. The last fifteen years have seen a proliferation of peace agreements. These peace agreements have been produced as a result of complex peace processes involving multi-party negotiations between the main protagonists of conflict, often with the involvement of international actors. They document attempts to end conflict, and this book argues that they play an underestimated role in a political process that centrally revolves around law. Understanding peace agreements is important to understanding contemporary peace processes. Law plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in an enabling or regulatory capacity. The aim of the book is to evaluate the role which law plays both in enforcing peace agreements and through a normative framework which constrains the ways in which they operate. This evaluation reveals a deeper link between the legal status of peace agreements and their normative regulation as mutually shaping, in what is argued to be a developing lex pacificatoria - or law of the peace makers. This lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements, in ways which impact on contemporary debates about the force of international law.
Timely and pathbreaking, Securing the Peace is the first book to explore the complete spectrum of civil war terminations, including negotiated settlements, military victories by governments and rebels, and stalemates and ceasefires. Examining the outcomes of all civil war terminations since 1940, Monica Toft develops a general theory of postwar stability, showing how third-party guarantees may not be the best option. She demonstrates that thorough security-sector reform plays a critical role in establishing peace over the long term. Much of the thinking in this area has centered on third parties presiding over the maintenance of negotiated settlements, but the problem with this focus is that fewer than a quarter of recent civil wars have ended this way. Furthermore, these settlements have been precarious, often resulting in a recurrence of war. Toft finds that military victory, especially victory by rebels, lends itself to a more durable peace. She argues for the importance of the security sector--the police and military--and explains that victories are more stable when governments can maintain order. Toft presents statistical evaluations and in-depth case studies that include El Salvador, Sudan, and Uganda to reveal that where the security sector remains robust, stability and democracy are likely to follow. An original and thoughtful reassessment of civil war terminations, Securing the Peace will interest all those concerned about resolving our world's most pressing conflicts.
In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.
The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
¿A stimulating read.... Ambitious in scope and with much original insight, this work is an important contribution to an important debate.¿ ¿Carrie Manning, Georgia State University ¿Westendorf offers an important framework for analyzing prospects for state building by the international community.¿ ¿Desha M. Girod, Georgetown University Why do so many post¿civil war societies continue to be characterized by widespread violence and political instability? Or, more succinctly, why do peace processes so often fail to consolidate peace? Addressing this question, Jasmine-Kim Westendorf explores how the international community engages in resolving civil wars¿and clarifies why, despite the best of intentions and the investment of significant resources, external actors fail in their reconstruction efforts and even contribute to perpetuating the very conditions of insecurity and conflict that they are trying to alleviate. Jasmine-Kim Westendorf is lecturer in international relations at La Trobe University.
International-Led Statebuilding and Local Resistance contributes theoretical and empirical insights to the existing knowledge on the scope, challenges and results of post-conflict international state- and institution-building project focusing on post-war Kosovo. Post-war Kosovo is one of the high-profile cases of international intervention, hosting a series of international missions besides a massive inflow of international aid, technical assistance and foreign experts. Theoretically, the book goes beyond the standard narrative of international top-down institution building by exploring how international and local factors interact, bringing in the mediating role of local resistance and highlighting the hybridity of institutional change. Empirically, the book tests those alternative explanations in key areas of institutional reform – municipal governance, public administration, normalization of relations with Serbia, high education, creation of armed forces, the security sector and the hold of Salafi ideologies. The findings speak to timely and pertinent issues regarding the limits of international promotion of effective institutions; the mediating role of local agents; and the hybrid forms of institution-building taking shape in post-conflict Kosovo and similar post-war contexts more broadly. Addressing challenges of state-building at the intersection of international interventions, local strategies of resistance, and the hybridity of institution-building experience with institutional reforms in Kosovo and in post-conflict contexts more broadly, International-Led Statebuilding and Local Resistance will be of great interest to scholars of international relations, state building and post-conflict societies. The chapters were originally published as a special issue of Southeast European and Black Sea Studies.
Violent conflicts today are complex and increasingly protracted, involving more nonstate groups and regional and international actors. It is estimated that by 2030—the horizon set by the international community for achieving the Sustainable Development Goals—more than half of the world’s poor will be living in countries affected by high levels of violence. Information and communication technology, population movements, and climate change are also creating shared risks that must be managed at both national and international levels. Pathways for Peace is a joint United Nations†“World Bank Group study that originates from the conviction that the international community’s attention must urgently be refocused on prevention. A scaled-up system for preventive action would save between US$5 billion and US$70 billion per year, which could be reinvested in reducing poverty and improving the well-being of populations. The study aims to improve the way in which domestic development processes interact with security, diplomacy, mediation, and other efforts to prevent conflicts from becoming violent. It stresses the importance of grievances related to exclusion—from access to power, natural resources, security and justice, for example—that are at the root of many violent conflicts today. Based on a review of cases in which prevention has been successful, the study makes recommendations for countries facing emerging risks of violent conflict as well as for the international community. Development policies and programs must be a core part of preventive efforts; when risks are high or building up, inclusive solutions through dialogue, adapted macroeconomic policies, institutional reform, and redistributive policies are required. Inclusion is key, and preventive action needs to adopt a more people-centered approach that includes mainstreaming citizen engagement. Enhancing the participation of women and youth in decision making is fundamental to sustaining peace, as well as long-term policies to address the aspirations of women and young people.
