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On the Law of PeacePeace Agreements and the Lex Pacificatoria$
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Christine Bell

Print publication date: 2008

Print ISBN-13: 9780199226832

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199226832.001.0001

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The New Law of Transitional Justice

The New Law of Transitional Justice

Chapter:
(p.239) 12 The New Law of Transitional Justice
Source:
On the Law of Peace
Author(s):

Christine Bell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199226832.003.0013

This chapter examines the second area in which the lex pacificatoria has re-shaped international law: transitional justice. This new law is argued to derive from the attempt to negotiate pragmatic solutions to the question of accountability for conflict atrocities which will enable the ‘constitutional fix’ to hold, and the need to be able to articulate these pragmatic solutions as complying with international legal standards for accountability. In particular, the new law has derived from an attempt to apply the normative constraints of human rights and humanitarian law to peace agreement amnesties. The interface between local peace agreement practice and international law can again be argued to have given substantive content to the lex pacificatoria or law of the peacemaker, producing a ‘new law’ of transitional justice.

Keywords:   transitional justice, human rights, humanitarian law, international criminal law, Nomos

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