Leiden University Student Repository

Mingo Jaramillo, M.E. (2014)

Law Versus Politics: The ICC as an Obstacle to Successful Peace Negotiations?

Advanced master thesis | Political Science (Advanced Master)

Since its establishment in 2002, the International Criminal Court (ICC) has taken on the ambitious goal of ending impunity for the gravest international crimes. However, this judicial institution has been strongly criticized for arguably obstructing peace. Although peace and justice are inevitably linked, blindly pursuing justice without considering political implications such as its potential impact on peace negotiations is not only reckless, but fails to recognize the existence of a bigger picture. This thesis attempts to analyze the conditions under which ICC intervention in ongoing civil conflict facilitates the success or failure of peace negotiations. I argue that international law cannot be seen as functioning in complete isolation from politics. If ICC action has in fact an impact on peace negotiations, the ICC needs to be aware of this and take it into account before intervening in an ongoing conflict. In order to analyze this argument, I will conduct two case studies on...Show moreSince its establishment in 2002, the International Criminal Court (ICC) has taken on the ambitious goal of ending impunity for the gravest international crimes. However, this judicial institution has been strongly criticized for arguably obstructing peace. Although peace and justice are inevitably linked, blindly pursuing justice without considering political implications such as its potential impact on peace negotiations is not only reckless, but fails to recognize the existence of a bigger picture. This thesis attempts to analyze the conditions under which ICC intervention in ongoing civil conflict facilitates the success or failure of peace negotiations. I argue that international law cannot be seen as functioning in complete isolation from politics. If ICC action has in fact an impact on peace negotiations, the ICC needs to be aware of this and take it into account before intervening in an ongoing conflict. In order to analyze this argument, I will conduct two case studies on the situation and peace negotiations in Uganda and Darfur, Sudan, respectively.Show less

International Criminal Court

International Criminal Law

Conflict Resolution

Peace Negotiation

Uganda

Darfur

Author

Mingo Jaramillo, M.E.

Faculty

Faculty of Social & Behavioural Sciences

Supervisors

Chalmers, A.W.
Thomas, D.C.

ECTS Credits

15

Evaluation

Recommended

Language

en