Abstract

This report aims to provoke an overdue discussion in the mediation and human rights fields on the benefits of adopting a less ideological approach to balancing peace and justice. The publication’s primary authors, Louise Mallinder and Ron Slye, demonstrate that flexible approaches to justice, particularly as part of negotiated transitions out of armed conflict, have received increased recognition in international law and policy in recent years. Drawing on state practice and policy, the publication explains how carefully designed legal leniency measures can play an important role in helping societies to move beyond violent pasts; and how negotiation techniques and process design can take advantage of the flexibility international law allows in order to balance peace and justice. The ideas expressed in this publication are informed by the experience of the members of IFIT’s Law and Peace Practice Group, who have had direct involvement in the negotiation of amnesty and accountability issues in over 20 countries.

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