The Challenges of Legalized Peacemaking: The Case of the 2012–16 Peace Negotiations in Colombia

Abstract

This chapter challenges the assumption that conformity with international law and norms during a mediation processes contributes to the legitimacy of the process and the durability of the outcome by probing the contingency and complexity of the roles international law plays in peace negotiations. It does so with reference to the highly legalised peace negotiations between the FARC and the Colombian government during 2012-2016, particularly in relation to the negotiations on the legal entrenchment of the agreement and the transitional justice sub-agreement. The chapter argues that, despite certain advantages of the existence of a normative framework in peace mediation, the contested nature of the project of international law itself, especially as it relates to transitional justice and the reform of domestic politico-legal orders, and its malleability to strategic instrumentalisation need to be taken into account when mediation policy and practices are determined.