Peace Agreements as a Framework for Jus Post Bellum

Abstract

Abstract This chapter explores the relationship of post-conflict constitutions that arise out of peace agreements with jus post bellum. This chapter suggests that jus post bellum provides a normative and interpretive framework, as well as sites of coordination and discourse, for post-conflict transitions to peace. It also argues that constitutional peace agreements can inform the jus post bellum paradigm. In practice, however, the process of negotiating, drafting, and implementing constitutional peace agreements is fraught with challenges and paradoxes, and leaves gaps and silences that could undermine the peace project. Jus post bellum can learn from the study and practice of constitutional peace agreements, in particular how to mitigate the risks associated with international intervention in this area. This chapter argues that taking a broad, multi-faceted approach to jus post bellum allows for the best absorption of lessons from constitutional peace agreements and simultaneously best protects itself from the attendant risks.