The role of penal policy in the resolution of low‐intensity conflicts

Abstract

This article discusses the role that prisons and prisoners can play in the resolution of low‐intensity intra‐state conflicts. It argues that, despite the limited literature on the topic, the ‘prisons issue’ is a vital part of any conflict resolution process featuring state and sub‐state terrorist groups. Using examples from low‐intensity conflicts in Northern Ireland, Italy, Spain, Colombia, South Africa and Germany the article argues that there are three clearly identifiable roles that the prisons can play. First, they are an important part of the post‐conflict reconciliation process. The release of prisoners is an important element in any attempt to heal the divisions that have opened up in societies that have been involved in a protracted low‐intensity conflict by reintegrating combatants back into society. Second, the prison can be a channel of communication and/or a venue for dialogue between the state and insurgent group. This is because prisons are often the only place during a conflict where members of illegal organisations and representatives of the state come into regular contact with each other. Finally, prisoners are an important negotiation issue in themselves with release often being an important objective of sub‐state groups in any dialogue with the state.