The Influence of International Humanitarian Law in Peacemaking : An Analysis of the Role of IHL During the Negotiations Between the FARC-EP and the Government of Juan Manuel Santos in Colombia

University essay from Uppsala universitet/Teologiska institutionen

Abstract: This research uses the case study of Colombia and more specifically the peace negotiations between the government of Juan Manuel Santos and the Revolutionary Armed Forces of Colombia - People's Army (FARC-EP) to identify the influence that International Humanitarian Law (IHL) can have on a peacemaking process and what its humanitarian implications are.  By linking the humanitarian and peacemaking fields, the main objective of this research is to assess the extent to which IHL has influenced the peace negotiations with the FARC-EP. To conduct this study, desk research and interviews were conducted in order to find out all the subtle elements that were not documented in the literature.  The final aim of this research is to highlight how humanitarian obligations under IHL have become increasingly relevant in peacemaking processes and conflict resolution strategies, particularly in non-international armed conflicts. As found out through this case study on Colombia, IHL can help establishing trust through humanitarian confidence building measures reducing humanitarian crises caused by war. Finally, IHL can strengthen accountability and reparations during and after the peace process and provide a legal framework for consolidating peace agreements.

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