Laura Davis

Archive
International Criminal Court

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 This book analyses how the European Union translates its principles of peace and justice into policy and puts them into practice, particularly in societies in or emerging from violent conflict.

The European Union treaty states that in its relations with the wider world, the EU is to promote peace, security, the protection of human rights, and the strict observance and the development of international law. The EU is active in peace processes around the world, yet its role in international peace mediation is largely ignored.

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In these short videos onTransitional justice and peace mediation for the Peace Mediation Platform, I discuss the Peace and Justice DebateAddressing justice questions in peace processesGender Inclusive Transitional Justice and Universal Laws and Norms in Peace Processes

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This article, published in European Security (2014), assesses whether the EU contributes to long-term positive change in societies emerging from violent conflict, helping them ‘mend’ or whether it simply encourages societies to ‘make do’ with the     status quo. To do so, the article focuses on two of the principles found in the EU Treaty, peace and justice for human rights violations. It examines how the EU translates the principles of peace and justice into policy and puts them into practice by analyzing EU engagement in peace mediation, transitional justice, and security sector reform in general and through in-depth examination of EU engagement in the Democratic Republic of Congo.
In the article, I question the prevailing discourse that greater inter-institutional coherence would improve EU security provision and considers whether and how the EU prioritizes between peace and justice. I find that principles may be translated into policy and put into practice, and practice is often ahead of policy. But this is uneven within as well as across the institutions. Greater coherence between principle, policy, and practice, rather than between institutions, would improve EU security provision and enable prioritization. If the EU settles for making do, it undermines its considerable potential to contribute to long-term solutions to complex conflicts.

 

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This briefing paper for the Oslo Forum Africa Mediators Retreat 2013 aims to stimulate discussion within the mediation community about the role of the International Criminal Court (ICC) in peace processes. In a brief overview of the peace-versus-justice debate to date, it lays out the main arguments for and against the Court. The paper then argues that the ICC has become a ‘straw man’ in the peace and justice debate, being misrepresented sometimes. It is one actor among many in the complex fields of justice and peacemaking – equating the ICC with justice oversimplifies the complexity of justice in (post-) conflict situations. The paper closes with suggestions for greater synergies between peace and justice, including the Court. There are many options on the spectrum between ICC indictments and amnesty that are yet to be explored, and which could advance a pro-justice and pro-peace agenda.

The paper is available here.

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