Premium
How Peace Agreements Undermine the Rule of Law in New War Settings
Author(s) -
Kaldor Mary
Publication year - 2016
Publication title -
global policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.602
H-Index - 33
eISSN - 1758-5899
pISSN - 1758-5880
DOI - 10.1111/1758-5899.12312
Subject(s) - transitional justice , restructuring , politics , power (physics) , rule of law , democracy , state (computer science) , economic justice , human rights , face (sociological concept) , law , political economy , political science , sociology , law and economics , social science , physics , algorithm , quantum mechanics , computer science
This article argues that internationally endorsed peace agreements entrench the restructuring of power relations that take place in ‘new wars’. It characterizes new wars as ‘mutual enterprises’ in which networks of state and nonstate actors engage in violence for economic and/or political gain. The article shows the way in which such networks subvert efforts to implement a rule of law, primarily using the example of Bosnia. It argues that efforts to challenge such networks through transitional justice mechanisms or democratic politics face huge obstacles. It suggests that the role of the international community has been ambiguous, sometimes going with the grain of existing power relations for geo‐political reasons or for stability and sometimes upholding human rights. Only where grass roots actors have directly accessed international justice mechanisms or where local activists have worked with municipalities have there been some openings. The article concludes by suggesting what a ‘new peace’ might involve.