Peacemaking, Power-sharing and International Law: Imperfect Peace

This book examines the tensions between peacemaking and international human rights law in post-conflict power-sharing situations, evaluating the debate on the "imperfect peace" and providing a conceptual framework for analyzing the relationship between law and peacemaking. It is a valuable resource for scholars, practitioners, and policymakers interested in understanding the legal limits of statebuilding in the aftermath of armed conflict.

Format: Paperback / softback
Length: 248 pages
Publication date: 22 April 2021
Publisher: Bloomsbury Publishing PLC

This comprehensive monograph delves into a contemporary analysis of the intricate frictions between peacemaking and international human rights law, focusing on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. In this insightful context, the book evaluates the ongoing debate within the United Nations and human rights bodies regarding the concept of "imperfect peace." Written from a practitioner-scholarly perspective and utilizing fresh, authentic sources, the book offers a detailed exploration of the mechanisms employed in peace agreements and post-conflict constitutions to manage ethnic or religious diversity. It sheds light on their legal boundaries under international human rights law and provides a conceptual framework for analyzing the interplay between law and peacemaking. The book argues that a deeper understanding of the relationship between the content of peace agreements, their negotiation process, and the temporal element is crucial in comprehending the legal limits of statebuilding in the aftermath of armed conflict. It serves as a valuable resource for scholars, advisers, constitution-makers, and peace mediators engaged in the study of human rights law and peace and conflict studies.

Introduction:
The pursuit of peace and the protection of human rights are two fundamental pillars of international relations. However, the pursuit of peace often intersects with the complex dynamics of power-sharing and the establishment of stable governments in postconflict contexts. This monograph aims to examine the frictions between peacemaking and international human rights law in these contexts, specifically focusing on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina.

Postconflict Power-Sharing in Lebanon and Bosnia-Herzegovina:
Lebanon and Bosnia-Herzegovina are two countries that have experienced significant conflict and political instability in the past. Both countries have undergone power-sharing processes in an effort to establish stable governments and promote peace. However, these processes have been fraught with challenges and have raised questions about the compatibility of peacemaking and international human rights law.

In Lebanon, the country has been divided into sectarian factions since the end of the civil war in 1990. The power-sharing agreement between the Lebanese government and the Hezbollah militia, which has been in place since 2006, has been a source of contention and has been criticized for undermining the rule peace process. The agreement has allowed the Hezbollah militia to retain its weapons and participate in the government, which has raised concerns about its role in perpetuating violence and undermining the rule of law.

In Bosnia-Herzegovina, the country has been divided into three ethnic groups: Bosniaks, Serbs, and Croats. The Dayton Peace Agreement, which ended the country's civil war in 1995, established a power-sharing system that includes a tripartite presidency and a bicameral parliament. However, the implementation of the agreement has been challenging, and the country has faced ongoing tensions and conflicts between the different ethnic groups.

The Debate on "Imperfect Peace":
The concept of "imperfect peace" has been a topic of debate within the United Nations and human rights bodies for many years. It refers to the idea that peace agreements and post-conflict constitutions may not always fully address all the issues and concerns of all the parties involved in the conflict. This can lead to tensions and conflicts between different groups and undermine the long-term stability of the country.

The United Nations has recognized the importance of addressing the issue of "imperfect peace" and has developed a set of principles and guidelines to guide peace agreements and post-conflict constitutions. These principles include the right to self-determination, the protection of human rights, and the promotion of gender equality. However, the implementation of these principles has been challenging, and there have been instances where peace agreements and post-conflict constitutions have been criticized for failing to fully respect human rights.

The Legal Limits of Statebuilding in the Aftermath of Armed Conflict:
One of the key challenges in managing ethnic or religious diversity in peace agreements and post-conflict constitutions is the legal limits of statebuilding in the aftermath of armed conflict. International human rights law provides a framework for protecting the rights and dignity of individuals and communities, but it may not always be sufficient to address the complex challenges of post-conflict statebuilding.

The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process, and the element of time needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It suggests that peace agreements and post-conflict constitutions should be designed to promote the rights and dignity of all individuals and communities, regardless of their ethnicity or religion.

Furthermore, the negotiation process should be inclusive and transparent, and it should involve all relevant stakeholders, including women, minorities, and marginalized communities. The element of time is also crucial, as peace agreements and post-conflict constitutions should be designed to adapt to the changing needs and circumstances of the country over time.

Conclusion:
In conclusion, this monograph provides a comprehensive analysis of the frictions between peacemaking and international human rights law in the context of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. It evaluates the long-standing debate on the concept of "imperfect peace" and explores the legal limits of statebuilding in the aftermath of armed conflict. The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process, and the element of time needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It serves as a valuable resource for scholars, advisers, constitution-makers, and peace mediators engaged in the study of human rights law and peace and conflict studies.

Weight: 388g
Dimension: 155 x 233 x 18 (mm)
ISBN-13: 9781509946730