Peace Agreements and Human Rights

Peace Agreements and Human Rights examines the place of human rights in peace agreements against the backdrop of international legal provision. The book examines the role of peace agreements in peace processes, drawing on a comprehensive appendix of over 100 peace agreements signed after 1990, in over 40 countries. Four sets of peace agreements are then examined in details, those of Bosnia Herzigovnia, Northern Ireland, South Africa and the Israeli/palestinianconflict. The Human Rights component of each of these agreements are comapred with each othe- focussing not on direct institutional comparison, but rather on the set of trade-offs which comprise the 'human rights dimension' of the agreements. This human rights dimension is also compared with relevantinternational law. The book focusses on the comparison of three main areas: self-determination and 'the deal', institution-building for the future, and dealing with the past.The purpose of the comparison is to illuminate thinking at three levels. First, it aims to provide some clear analysis of the role of human rights in peace agreements and the role of peace agreements in peace processes and conflicts more generally. Second, it considers whether and how international law guides or influences the negotiators who frame peace agreements, or whether international law is running to catch up with the mechanisms turned to in peace agreements. Finally, to provide acontext from which to examine the relationship between justice and peace, and law and politics more generally. The author argues that the design and implementation prospects are closely circumscribed by the self-determination 'deal' at the heart of the agreement. She suggests that the entangling issues of group access to power with individual rights provision indicates the extent to which peace-making is a constitution-making project. She argues in conclusion that peace agreements are in effect types of constitution, with valuable lessons about the role of law in social change in both violent conflictand more peaceful contexts.

Review from previous edition ...[Bell's] discussion of self-determination claims makes a particularly strong contribution to the existing literature.... an extremely insightful and original analysis of the dynamics between international human rights law and peace agreements. This volume is the first by a single author to map the field of human rights provisions in peace agreements. Bell's original contribution is magnified by her attention to detail and careful application of a strong analytical framework. Peace Agreements and Human Rights will be of great interest not only to international lawyers and human rights specialists, but also to academics and practitioners interested in peace and conflict issues., ... interesting and important ... extremely informative, providing easy and ready access ... to major moves in the overall process, key dates, the role of the leading negotiators, pertinent statements, and the conceptualization, formulation, and ratification of the agreements. ... Bell has made an important contribution by her careful and accurate description of the peace process ..., 'an ambitious project that the writer meets with discipline and determination... a valuable contribution to one of international law's long-standing concerns of maintaining enduring peace., ...well researched, well argued, well written, and shows consistent good judgement. ... it deserves to be studied closely by all persons interested in the area of international law and conflict. Those who do read it will come away glad that they did., This is an important book ... The book is detailed, scholarly and authoritative, yet maintains an engaging narrative style and concentrates on the moral dilemmas associated with contemporary peace accords.

Christine Bell is Professor of Law at the University of Ulster.