Peacebuilding and the Law
MODULE CODE
CREDIT VALUE
Module Aims
Aim 1
The module aims to explain the ways in which the law can promote, or fail to promote, peacebuilding in post-conflict societies. It does this by familiarising students with the theoretical debates on the liberal peacebuilding agenda and by giving examples of how legal provisions have contributed to it in different case studies. It focuses on a number of issues that are generally important in post-conflict societies and attract the attention of peacebuilders: the punishment of perpetrators that acted during the conflict, equality provisions in the post-conflict state, the remedying of displaced people and the resolution of potential conflicts between minority and individual rights. Additionally, it examines whether the law can contribute in areas that it has traditionally ignored, but are nevertheless important, in post-conflict societies, such as social justice. By the end of the module, students should be able to critically assess the effectiveness of legal methods in building peace and the use of non-legal tools as an alternative.
Module Content
- Defining peacebuilders’ aims – what are we working towards?
- The liberal peacebuilding agenda and the contribution of judges to it – proponents and critics
- Cases of constitutional importance – Constituent Peoples’ case and Ibrahim Aziz
- International criminal law, prosecution, amnesties and their effects on peacebuilding
- Implementing property provisions in post-conflict countries
- Equality and non-discrimination provisions
- Judicial amendments of post-conflict constitutions
- Social justice and the law
- The Framework Convention for Minorities
- Alternative non-legal means for building peace
Learning Outcomes
On successful completion of this module, a student will be able to:
Teaching Methods
Preparation for the online workshops will involve extensive research and reading, to consider and critically analyse the set topics and the discussion questions, set in advance, arising from those topics. Students are expected to prepare answers to the discussion questions and present these to, and discuss with, the workshop tutor and group in the context of synchronous and / or asynchronous discussions. In addition to the skills of analysis and research, students are expected to develop and apply skills of analytical discussion, oral expression and writing. Students will engage with other students and staff in online activities, and synchronous and asynchronous workshops, to consider and critically analyse particular sources and engage in discussion leading to development of these skills. The synchronous and asynchronous workshops also give students the opportunity to synthesise in a more dynamic way the independent learning already undertaken and apply principles from various themes covered in the workshop activity sheets. The final workshop will take place two-weeks before the submission deadline for coursework and run as a revision session.
Assessment Methods
This module is assessed through one Written Assessment and one Written Exam.
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Compulsory
Optional
