By Jeremy I. Levitt
African states became trying out grounds for Western conflict-resolution experiments, relatively power-sharing agreements, supposedly meant to finish lethal clash, safe peace, and construct democracy in divided societies. This quantity examines the criminal and political efficacy of transitional political power-sharing among democratically constituted governments and the African warlords, rebels, or junta that search to violently unseat them. What position does legislation point out for itself to play in informing, shaping, and regulating peace agreements? This booklet addresses this question and others in the course of the prism of 3 West African case stories: Liberia, Sierra Leone, and Guinea-Bissau. It applies the Neo-Kadeshean version of study and provides a framework for a 'Law on Power-sharing.' In a box ruled via political scientists, and drawing from old and modern foreign legislations, this e-book represents the 1st substantial criminal critique of the legislation, perform, and politics of strength sharing.
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Extra info for Illegal Peace in Africa: An Inquiry into the Legality of Power Sharing with Warlords, Rebels, and Junta
12 Consequently, the rationale that underwrites arguments for and against amnesty inform the question of power sharing. ”13 The subject of whether to share power in Africa has been treated as a political question aimed at appeasing war contestants to stop conflict and reconstitute order and 11 12 13 See generally Louise Mallinder, AMNESTY, HUMAN RIGHTS AND POLITICAL TRANSITION: BRIDGING THE PEACE AND JUSTICE DIVIDE (2008); Faustin Z.
At 157. As Fuller notes, “acting by known rules is a precondition for any meaningful appraisal of the justice of law. ‘A lawless unlimited power’ expressing itself solely in unpredictable and patternless interventions in human affairs could be said to be unjust only in the sense that it does not act by known rule. It would be hard to call it unjust in any more specific sense until one discovered what hidden principle, if any, guided its interventions. , at 158. pdf [hereinafter Agreement on Ceasefire].
Law also has an important mediatory function that transcends regulation. Law formally counterbalances and influences four critical factors that affect the sustainability of transitional political power sharing in the wake of deadly conflict, including the political disposition of the state; variegated claims of pirates de la loi and democratically constituted governments; civil society perspectives and activism; and the disposition of third-party stakeholders. These political factors too often converge when law is not accorded its rightful place in mediating and regulating peace processes.