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Peace and Justice in Conflict? – The Legal Conundrum of a State Pursuing a Criminal Prosecution in Contravention of the Terms of a Peace Agreement

Strachan, Eva-Maria LU (2014) JAMM04 20141
Department 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:
author
Strachan, Eva-Maria LU
supervisor
organization
course
JAMM04 20141
year
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}},
}