210 pages | 6 B/W Illus.
The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set of general features pertaining to the judicialisation of peace.
Line Engbo Gissel argues that the level and timing of ICC involvement is key to the ICC’s impact on peace processes and explains why this is the case: a high level of ICC involvement during the negotiation phase of a peace process delegates politico-legal and discursive authority away from peace process actors, while a low level of ICC involvement during the negotiation phase retains such forms of authority at the level of the peace process. As politico-legal authority enables the resolution of sticking points and discursive authority constructs the conflict and its resolution, the location of authority is important for the peace process. Furthermore, judicialisation also affects the negotiation and implementation of a justice policy, with a narrowing scope for justice accompanying increasing levels of ICC involvement.
1. Introduction: International Justice and the Problem of Peace
2. Studying ICC Involvement: An Analytical Framework
3. ICC Involvement in the Juba Peace Talks
4. Narratives, Justice and the Return to War
5. ICC Involvement in the Kenya National Dialogue and Reconciliation
6. Political Authority, Justice and Power-Sharing
7. Impact of ICC Involvement in Uganda and Kenya: A Comparison
8. Conclusion: Understanding the Judicialisation of Peace
The book series reflects the diversities and emerging trends in Africa’s conflict, peace and security terrain. It promotes innovative and deep insights into the complexities, shifts as well as continuities in the conflict, peace and security landscapes across the continent after the Cold war, and particularly since the turn of the century. The series responds to the demand for new analyses that systematically unpack and provide fresh perspectives to existing and emerging trends, and actors: individual, non-state, state, cross-border, regional and transnational, including the connections between the local, the regional and global levels and institutions. Issues to be covered span diverse approaches to conflict, violence, security, peacebuilding, politics, resource governance, regional and global interventions, and transitional justice among others. The series include full-length single-authored monographs, multi-authored books, edited collections and high quality thesis conversions based on cutting-edge innovative and original research on Africa.