Towards a Law of the Peacemakers: Pillars of a Distinct Doctrine

Just as conflicts play out to similar patterns, so too do peace agreements recycle peacebuilding mechanisms in comparable contexts. The implementation of similar mechanisms in geographically diverse contexts has led Bell (2006) to conclude that that a lex pacificatoria, or ‘law of the peacemakers,’ is emerging through consistent practice. Other academics label the prescription of similar legal processes a formative just post bellum; a doctrine that provides a template for conflict transformation, peacebuilding, and transitional justice.
This paper presents a comparative study of the peace processes in Sierra Leone, Sudan, and the Philippines. In doing so, it reveals common prescriptions that contribute to the theory of a lex pacificatoria and a just post bellum. The case studies analysed herein provide insight into various geographic regions and cultural contexts that remain linked by the foundational elements of Bell’s lex pacificatoria: their provisions on self-determination; their inclusion of both state and non-state actors; their obligations that transition between precisely-worded short-term objectives and symbolic appeals to long-term ‘constitutionalization’ of the peace process; and their various forms of delegation that comprise overlapping political forums and legal processes.
Conceptualizing the lex pacificatoria as a coherent body of law allows scholars to account for the peculiar features of peace agreements that are ill-suited to positivist categories of international law, while tracking innovations in agreement design and best practice. This paper’s contribution thus lies in the advancement of a formative just post bellum that can inform conflict resolution efforts in difficult contemporary and future contexts.