International humanitarian law and peace processes (gsdrc helpdesk research report 1399)

INTERNATIONAL HUMANITARIAN LAW AND PEACE PROCESSES (GSDRC HELPDESK RESEARCH REPORT 1399) This report looks at compliance and engagement with humanitarian norms and any links, cited in the

literature and by experts, to peace processes CONTENTS * Abstract * Citation * Links ABSTRACT The question asked in this helpdesk report: * is there evidence that the degree of respect for

international humanitarian law (IHL) during an armed conflict affects peace processes (improves the prospects for peace-making)? There is limited research and no empirical evidence exploring

links between the degree to which IHL is respected (or ignored) and the success (or failure) of peace processes. The literature focuses on various related issues, including negotiating with

non-state armed groups, the question of why conflict groups may comply with international humanitarian norms, and the need to address violations of IHL and human rights (e.g. through

accountability initiatives). This report looks at issues of compliance and engagement with humanitarian norms – and any general links, cited in the literature and by experts, to peace

processes. Key findings: * armed actors are more likely to adhere to international humanitarian norms if it aligns with their self-interest and political aims. Groups seeking to gain

legitimacy and to improve their reputation domestically and internationally are likely to be more motivated to demonstrate respect for IHL. In addition, they may expect that this will prompt

reciprocity on the part of other conflict actors * it is unclear whether commitment to respect of IHL actually amounts to changes in behaviour. Current research does not extend beyond the

focus on motivations to explore whether compliance and reciprocal commitments, and potential improvements in legitimacy, improve prospects for peace-making * there is a lack of empirical

evidence that shows adherence to IHL could help to facilitate peace efforts and the chance of lasting peace * engagement on humanitarian issues is both an important end in itself and offers

a possible entry point that can help to open up dialogue between conflict groups. For example, discussions on land mine bans in Colombia. The release of political prisoners can also be a

critical positive development in peace processes (e.g. Nelson Mandela in South Africa) CITATION Haider, H. International humanitarian law and peace processes (GSDRC Helpdesk Research Report

1399). GSDRC, University of Birmingham, Birmingham, UK (2016) 8p LINKS International humanitarian law and peace processes (GSDRC Helpdesk Research Report 1399) UPDATES TO THIS PAGE Published

21 December 2016 Contents