argument within a peaceversusjustice context, limiting the analysis to the trend against impunity and advocating for accountability to uphold the integrity of justice under the law. If actors are to use amnesties as a viable tool for conflict cessation, it is vital that the benefits as well as the risks
The peace versus justice dilemma often presented as paramount in post-conflict situations is more complex and ignores the factual and legal importance of economic reconstruction. The economic aspect of un post-conflict peacebuilding missions, has however not received much attention over the past years. Yet, the mandates granted to international actors after conflicts have undoubtedly evolved throughout the years. From the imposition of a neutral force between the parties to a conflict, to maintaining peace and stability, the un and other international organizations have taken up various responsibilities in the administration of States and territories.
The focus on economic reconstruction needs to be viewed in the context of a changed strategy towards conflicts, in which the focus is laid on ensuring that the causes of the conflict are eliminated. The 1990s, thus, signaled an important and comprehensive shift in the un’s engagement in post-conflict States, which resulted in the establishment of unprecedented missions which included important economic reconstruction activities, such as the international administration missions in Kosovo and East Timor. In recent years however, there have been no comprehensive peacebuilding missions which included major economic reforms in their mandate. There may be multiple reasons for this, but, as is argued, in essence it is the result of two factors. First, international administrative missions, by their very nature, are more adequate tools to engage in comprehensive post-conflict reconstruction efforts including far-reaching economic reforms. Secondly, international financial institution have gradually been moving away from a strict application of their free market policy, towards paying more attention to pluralist rule of law reforms which in turn will trigger economic development.
literature on post-conflict societies. This may partly be because it is now fashionable for scholars to engage in largely intractable moral and philosophical debates about justice versus peace, or peaceversusjustice, understood in the narrow sense of truth commissions versus individual criminal
regimes, in comparison to the needs of the international community? How effective are the new institu- tions like the Yugoslav Tribunal and the International Criminal Court? They want to move from peace to justice, but peaceversusjustice is often the prob- lem (Zartman and Kremenyuk 2005) and there is
-Lasrochas (2005) “Th e Congress of Vienna Negotiations.” In: I.W. Zartman and V. Kremenyuk (eds.) PeaceversusJustice: Negotiating Backward and Forward- Looking Outcomes. Lanham: Rowman and Littleﬁeld Publishers. Elgavish, D. (1998) Th e Diplomatic Service in the Bible and in Documents from the Ancient Near East
“PeaceversusJustice – and Beyond,”
The Sage Handbook of Conflict Resolution
“Equality Matters: Negotiating an End to Civil Wars.”
Journal of Conflict Resolution
with the protracted conflict in Syria.
Indeed, the limited and contested record of the icc continuously underscores that international criminal justice is still struggling with its ultimate goals, a tension capped most vocally in the ‘peaceversusjustice’ trade-off.
case study but to emphasize the need for further research in this matter.
Significance of the Issue: Detour in Afghanistan
Reconciliation is depicted as the ultimate goal of various negotiation processes. In his book PeaceversusJustice: Negotiating Forward- and Backward-Looking Outcomes
. 41, issue 4, 2018, pp. 663–680, p. 665. 30 Nir Eisikovits, ‘PeaceVersusJustice in Transitional Settings’, Quinnipiac Law Review , vol. 32, issue 3, 2014, pp. 707–722, p. 713. 31 Christine Bell, ‘Transitional Justice, Interdisciplinarity and the State of the “Field” or “Non-Field”’, The
, paragraph 44.
Ibid , paragraph 45.
52 Hurst Hannum, ‘PeaceversusJustice: Creating Rights as well as Order out of Chaos’, International Peacekeeping , vol. 13, no. 4, 2006, pp. 582–595.
un , hippo Report, paragraph 158.
54 Louise Fréchette, ‘ un Peacekeeping: 20 Years