The Colombian peace process has advanced steadily without major interruption since it was formally launched in Norway and peace talks between the Colombian government and the Colombian Revolutionary Armed Forces (FARC) began in Cuba in late 2012. As with most peace processes, the Colombian process has evolved over time and in stages, with adjustments to the methodologies, focus, and engagement of the stakeholders. A number of these modifications are breaking new ground, particularly with regard to the roles of civil society and the design of strategies for dealing with the past.
Thousands of ship containers on the dock, waiting to be shipped. Photo: ShnapThat!/flickr.
SEOUL – If you chase two rabbits at once, the old saying goes, both will escape. And yet this is precisely what many governments are required to do: pursue both growth and distributional fairness. The two objectives, though not incompatible, are entirely different from one another, and few policy tools can simultaneously help to achieve both.This idea matters a lot in trade policy. Much theoretical and empirical research demonstrates that opening trade can spur a country’s GDP growth. But increasing a pie’s size does not guarantee that it will be shared fairly.
Often, the incremental growth that comes with a trade opening is unevenly shared; moreover, in many cases, some receive a smaller share than they did before. Here is where government must intervene using its traditional tools, taxation and redistribution, as well as complementary policies such as social safety nets and adjustment assistance.
Omar Hassan Ahmad al-Bashir in Ethiopia, 2009. Photo: Wikimedia Commons
Attempts to isolate and marginalize Sudanese President Omar al-Bashir have been mixed at best. The man many people believe is ultimately responsible for the violence and misery of Darfur – and who has been indicted by the International Criminal Court (ICC) for it – has worked tirelessly to show that, as a head of state, he can still galavant across the globe to international conferences and state meetings.
Of course, Bashir hasn’t always been able to go wherever he wants. He hasn’t visited a ‘Western’ state since he was indicted by the ICC in 2008. While he has visited ICC member-states, notably Chad and Kenya in 2010, he is still severely constrained in his movements and Malawi, a member-state which originally let him visit in 2011, has since declared that he is unable to do so again.
As many readers will know, the marginalization of perpetrators of atrocities is a central argument for proponents of international criminal justice. In brief, the argument suggests that investigations and the issuance of arrest warrants against international criminals will isolate them, both within their networks of power such as a government or a rebel group as well as within the international context. In the long-run, it is hoped that this marginalization can ultimately fill the docks of international criminal tribunals and deter the commission of crimes.
Celebration honoring the grand opening of a justice center in Nawa, Afghanistan. Photo: isafmedia/flickr
In his article ‘Why Developing Countries Prove so Resistant to the Rule of Law’, Barry Weingast notes that transplanting institutions and policies directly from developed societies into developing ones rarely helps to produce the long-term economic growth and rule of law that western donors want these countries to attain. As part of this week’s editorial plan focus on international public law in action, this blog will suggest that traditional justice systems can help build sustainable peace in post-conflict situations.
Weingast explains that the reason why western ideals of constructing fully fledged democracies under the rule of law fail to materialize lies in the fact that reform efforts do not understand the role of violence in structuring the ‘natural state’ (generally referred to as fragile state). In natural states – which most post conflict countries belong to – access to state privileges is limited to the elite, and the provision of services is limited to those that support the elite. Order and the absence of violence rest upon a system of rights and privileges that provides elites incentives to cooperate rather than fight. For those sections of society that do not belong to the elite, incentives like the provision of basic services are often used to quell unrest and maintain a semblance of stability. In such countries, the constitution is easily pushed aside for the sake of political leaders’ interests.
Justice statue, located at the US Courthouse in Lafayette. Photo: mjecker/flickr
One of the overarching ideas this blog explores is the emerging trend of appealing to international criminal justice in (and in the wake of) conflict situations. The fact that “we no longer consider whether to pursue justice, but how and when” is part of the proliferation of the practice and perhaps more importantly the idea of transitional justice. The speed of TJ’s expansion is striking. It cycled through its celebratory phase, was consolidated as a field of knowledge and practice, and developed a body of critical literature within a decade of its formation as a concept. The tensions that exist within the “field” are also striking; transitional justice often seeks to balance conflicting ideas such as peace and justice, the international and the local, retribution and restoration, law and politics. As a field of knowledge it draws upon competing and conflicting disciplines and as a field of practice it attempts to apply unified narratives to a range of local experiences.
