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The IUP Journal of International Relations :
Justice and the Politics of Peace Building: Comparing Experiences in Kosovo, Cambodia and Northern Uganda
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What `justice' means, and how or where different forms of justice fit within larger processes of conflict resolution and sustainable peace—such as war-to-peace transitions, ceasefires, peace settlements and post-conflict peace building—are questions that defy simple answers. Peace and justice too often have become idealized or politicized notions, sometimes portrayed as intimately and positively intertwined (no peace without justice), and on other occasions declared as mutually contradictory (no peace settlement without withdrawal of International Criminal Court (ICC) indictments). Serbia/Kosovo, Cambodia and Uganda provide three fascinating case studies of the complex political debates that are attached to the ideas of justice and peace building. In each case, internal (local, national) and external (regional, international) political, social, economic and other influences have played roles in shaping the nature of the `justice' that is sought by various actors in the violent conflicts that have done so much harm to their populations. What emerges from the analysis here is a story not of a single, clear path towards justice, reconciliation and sustainable peace, but rather of a difficult, awkward and uncertain process of balancing goals and claims that at different times can be complementary or contradictory, central or irrelevant, or more often a mixture of values that can change over time and circumstance as well as in the eyes of the beholder.

 
 
 

The current paper is one expression of a broader research project that arose over the past decade from my increasing interest in `war termination'—that is, how wars (especially contemporary intra-state or civil wars) end, what happens when they do, and whether sustainable peace emerges in their place. This is the other end of the analytical spectrum from the older, traditional international relations concern with war as a general phenomenon in international affairs, and why specific wars arise where, when and how they do. It is also a logical progression from, and in some ways an outgrowth of, research concerns about conflict management and conflict resolution. In that sense, it feels as if three decades of reading, researching and thinking about conflict analysis now serves as a `deep base' from which to explore peace building, despite the oft-cited change in the nature of conflict from primarily inter-state to intra-state.

At the `macro' level, the broader research project examines how and where considerations of truth, justice and reconciliation fit into processes of war-to-peace transition, and post conflict reconstruction and peace building. At the `micro' level, the focus is upon whether and how truth, justice and reconciliation fit together as goals, values and program activities in specific cases of states and societies that are emerging from conflict and dealing with these dimensions of their past. And in particular, I am interested in how these processes and activities are perceived and received by the various actors within the societies most affected by the conflict, rather than how they are seen by indirectly affected international organizations or other external parties.

An initial presumption of all of the analysis advanced here is that, as Feargal Cochrane suggests, "violent conflicts are acts of human agency combined with a set of structural circumstances that trigger, cause or even encourage such acts"; with the associated observation that the majority of these "wars can be controlled and eventually terminated by human agency, given conducive structural conditions." Conflicts are frequent, and frequently brutal; they may have one single initial cause, or many causes that arise over time; and the contemporary trend towards internal (un)civil wars includes a larger and more disparate number of actors engaged in, as well as more civilian victims of, conflict so that a negotiated ceasefire or peace agreement becomes still harder to achieve. Nonetheless, it is important to be able to work from the basic premise that these conflicts can, under some circumstances, be ended. If that were not the case, there would be no point in further analysis; all that would be needed is a fatalistic shrug of the shoulders and a single-sentence, single cause deterministic answer. With no pun intended, that would do absolutely no justice to the complex problems that exist in these locations, or to the people who inhabit them.

 
 
 

International Relations Journal, Peace Building, International Criminal Court, Conflict Management, Conflict Resolution, Logical Progression, Onternational Organizations, Economic Bonds, Cambodian Social Dimensions, Serbian Communities, Kosovo Protection Corps, Judicial System, Kosovo Albanian Civilians, Customary Mechanisms.