Peace settlements and international law : from lex pacificatoria to jus post bellum
Research handbook on international conflict and security law : jus ad bellum, jus in bello and jus post bellum
Cheltenham ; Northampton : E. Elgar, 2013
This chapter examines the ways in which peace settlements are producing a lex pacificatoria, a new ‘law of the peacemakers’, in a range of different areas relating to international conflict and security law. The chapter considers the relationship between this ‘lex pax’ and proposals for re-invigorating a concept of jus post bellum. The chapter illustrates how the practice of fashioning and implementing peace settlements is forcing a revision of relevant international law, as the traditional assumptions and boundaries of relevant legal regimes do not fit within post-settlement political landscapes, are inadequate for enabling and regulating peace settlement implementation, and do not contain guidance for the dilemmas faced post-settlement. The chapter sets out the relationship between peace agreements and international law, describing the ways in which a lack of fit between peace settlement dilemmas and international legal doctrines has generated new practices and new articulations of international law. Building on earlier arguments, It is argued that these revisions constitute a new lex pacificatoria, or ‘law of the peacemakers’, in the form of a normativized practice of conflict resolution. The extent to which these new practices constitute ‘law’ at all is critically evaluated throughout the chapter. In conclusion, it considers whether it is possible, useful and desirable to frame and develop the ‘new law’ as a new jus post bellum that might supplement existing categories of jus ad bellum and jus in bello. The contemporary peace settlement is a post-Cold War phenomenon.