Abstract

One of the many roles played by international law in the Colombian Peace Accord is that of guarantor—that is, creating assurances that the parties will comply with their commitments. To this end, negotiators declared that the Final Peace Accord would constitute a Special Agreement (SA) in “terms of Article 3 common to all Geneva Conventions of 1949,” which “will be introduced [in the Colombian legal system] as part of the constitutional block” and deposited “before the Swiss Federal Council.” Furthermore, they stated, “a presidential declaration will be made taking the form of a unilateral declaration of the Colombian State before the Secretary-General of the United Nations,” and its incorporation in a Resolution of the Security Council will be requested.

Highlights

  • One of the many roles played by international law in the Colombian Peace Accord is that of guarantor— that is, creating assurances that the parties will comply with their commitments

  • Negotiators declared that the Final Peace Accord would constitute a Special Agreement (SA) in “terms of Article 3 common to all Geneva Conventions of 1949,” which “will be introduced [in the Colombian legal system] as part of the constitutional block” and deposited “before the Swiss Federal Council.”

  • To Lang, peace accords must be understood as binding agreements under international law because this legal status is key to achieving the benefits sought by these agreements

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Summary

Laura Betancur Restrepo*

One of the many roles played by international law in the Colombian Peace Accord is that of guarantor— that is, creating assurances that the parties will comply with their commitments To this end, negotiators declared that the Final Peace Accord would constitute a Special Agreement (SA) in “terms of Article 3 common to all Geneva Conventions of 1949,” which “will be introduced [in the Colombian legal system] as part of the constitutional block” and deposited “before the Swiss Federal Council.”. Negotiators declared that the Final Peace Accord would constitute a Special Agreement (SA) in “terms of Article 3 common to all Geneva Conventions of 1949,” which “will be introduced [in the Colombian legal system] as part of the constitutional block” and deposited “before the Swiss Federal Council.” They stated, “a presidential declaration will be made taking the form of a unilateral declaration of the Colombian State before the Secretary-General of the United Nations,” and its incorporation in a Resolution of the Security Council will be requested.[1]. Satisfied the needs of the negotiating parties, it did so at the cost of creating uncertainty and fomenting resistance, adding to the “No” vote in the plebiscite

International Legal Capacity
The Legal Status of Peace Agreements
AJIL UNBOUND
The Legal Status of Peace Accords as Special Agreements
Scope of the Special Agreement
Achieved Effects?
Full Text
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