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This chapter examines settlement practice on detention in light of international humanitarian law and human rights law. Section 2 identifies the international legal frameworks that regulate detention, drawing the necessary distinctions between peacetime and armed conflict, and between international and non-international armed conflict, which frame questions on relevant applicable law. Section 3 then examines the specific legal norms relating to prisoners of war and civilian detainees within international armed conflict and their interaction with settlement practice; while Section 4 does the same in relation to legal norms regulating detention in non-international armed conflicts. In the context of peace agreements, the focus is on two interconnected issues which extend into a post bellum phase, as important subject matter for settlement practice: release and repatriation; and transitional justice. By way of conclusion, Section 5 considers whether settlement provisions on detainees reflect a common practice that develops international legal standards.
This chapter examines the role of international finance for post-war transitions and its relationship to international law. That relationship is considered in two respects: first, the international legal norms relevant to ‘who should pay?’; and second, the relevance of international aid to the development of international law. Section 2 tracks the evolution of post-conflict funding for settlement implementation and reconstruction in light of historical transformations in peace-making practice; and addresses the financial demands on conflict-affected states. Urgent needs for international aid to finance settlement implementation and peacebuilding, raises questions about whether third states might have a duty to provide finance. Thus, Section 3 evaluates prospects for international legal duties to provide that aid. The relevance of post-conflict finance and aid conditionality to the development of international law is considered in Section 4 to shed a different light on debates about an emerging law of peace-making or lex pacificatoria.
This introductory chapter identifies the key questions and themes for the International Law and Peace Settlements volume, and provides a framework and conceptual map for analysing the relationship between international law and peace settlement practice. In particular, it examines the concepts of peace and war, and their relation to law, before developing a working lexicon for peace agreements and settlements. The chapter then critically examines the legal character of peace agreements and settlement commitments as ‘legal tools’ for peace-making. This analysis provides essential foundations to map out the ways in which peace settlements and international law can interact. Those forms of interaction become key focal points for the various contributions in the remainder of the volume. The thematic rationale and structure of the volume is explained to orientate the reader in light of its key themes and questions.
International Law and Peace Settlements provides a systematic and comprehensive assessment of the relationship between international law and peace settlement practice across core settlement issues, e.g. transitional justice, human rights, refugees, self-determination, power-sharing, and wealth-sharing. The contributions address key cross-cutting questions on the legal status of peace agreements, the potential for developing international law, and the role of key actors – such as non-state armed groups, third-state witnesses and guarantors, and the UN Security Council – in the legalisation and internationalisation of settlement commitments. In recent years, significant scholarly work has examined facets of the relationship between international law and peace settlements, through concepts such as jus post bellum and lex pacificatoria. International Law and Peace Settlements drives forward the debate on the legalisation and internationalisation of peace agreements with diverse contributions from leading academics and practitioners in international law and conflict resolution.