Peace Settlements and Human Rights

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Abstract

In the context of a difficult transition from war to peace, arrangements aimed at achieving peace (such as power-sharing, including autonomy) may come into tension with human rights (such as non-discrimination or indigenous rights). When this happens, peace and human rights are often unhelpfully characterized as binary or even mutually exclusive. The aim of this chapter is to query
this binary characterisation, using three case studies where a particular tension was contested before a court: Bosnia and Herzegovina, the Philippines and El Salvador. The chapter shows that since neither peace nor (most) human rights are absolute, it is possible to weigh the two against each other; and the tension can be framed in a way that is more conducive to its resolution, by conceptualising peace as a fundamental public purpose, a legitimate aim, and/or a human right, thus internalising it in human rights reasoning, rather than treating it as external.
Original languageEnglish
Title of host publicationPeace Settlements and International Law
EditorsMarc Weller, Andrea Varga, Mark Retter
Place of PublicationCambridge UK
PublisherCambridge University Press
Chapter28
Pages655-681
Number of pages27
ISBN (Print)9781108498043
Publication statusPublished - 2021

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