Peace and Justice in Conflict? – The Legal Conundrum of a State Pursuing a Criminal Prosecution in Contravention of the Terms of a Peace Agreement
(2014) JAMM04 20141Department of Law
- Abstract
- In an attempt to bring about the end to a conflict situation at all costs, peace agreements often end up containing terms that may be deemed controversial. One such example would be terms that confer immunity on perpetrators of international crimes. Concurrently, there exist in international law legal norms that require, or allow, States to pursue a criminal prosecution regarding perpetrators of such crimes. This paper observes that there exists a legal conflict between terms in peace agreements conferring immunity on perpetrators of international crimes and the aforementioned international legal norms, and in doing so addresses the question of what happens when a state, acting in conformity with its obligations or rights under... (More)
- In an attempt to bring about the end to a conflict situation at all costs, peace agreements often end up containing terms that may be deemed controversial. One such example would be terms that confer immunity on perpetrators of international crimes. Concurrently, there exist in international law legal norms that require, or allow, States to pursue a criminal prosecution regarding perpetrators of such crimes. This paper observes that there exists a legal conflict between terms in peace agreements conferring immunity on perpetrators of international crimes and the aforementioned international legal norms, and in doing so addresses the question of what happens when a state, acting in conformity with its obligations or rights under international law, acts in contravention of a term in a peace agreement conferring immunity? Subsequently, possible solutions are proposed to the conundrum that this legal conflict presents. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/4456630
- author
- Strachan, Eva-Maria LU
- supervisor
- organization
- course
- JAMM04 20141
- year
- 2014
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- Immunity, Peace Agreements, International Criminal Law
- language
- English
- id
- 4456630
- date added to LUP
- 2014-06-17 10:36:09
- date last changed
- 2014-06-17 10:36:09
@misc{4456630, abstract = {{In an attempt to bring about the end to a conflict situation at all costs, peace agreements often end up containing terms that may be deemed controversial. One such example would be terms that confer immunity on perpetrators of international crimes. Concurrently, there exist in international law legal norms that require, or allow, States to pursue a criminal prosecution regarding perpetrators of such crimes. This paper observes that there exists a legal conflict between terms in peace agreements conferring immunity on perpetrators of international crimes and the aforementioned international legal norms, and in doing so addresses the question of what happens when a state, acting in conformity with its obligations or rights under international law, acts in contravention of a term in a peace agreement conferring immunity? Subsequently, possible solutions are proposed to the conundrum that this legal conflict presents.}}, author = {{Strachan, Eva-Maria}}, language = {{eng}}, note = {{Student Paper}}, title = {{Peace and Justice in Conflict? – The Legal Conundrum of a State Pursuing a Criminal Prosecution in Contravention of the Terms of a Peace Agreement}}, year = {{2014}}, }