Protecting Human Rights and Building Peace in Post-Violence Societies

271 Pages·2020·2.729 MB·English

by  Nasia Hadjigeorgiou

PROTECTING HUMAN RIGHTS AND BUILDING
PEACE IN POST-VIOLENCE SOCIETIES
This book critically examines the relationship between protecting human rights
and building peace in post-violence societies. It explores the conditions that must
be present, and strategies that should be adopted, for the former to contribute to
the latter. The author argues that human rights can aid peacebuilding efforts by
helping victims of past violence to articulate their grievance, and by encouraging
the state to respond to and provide them with a meaningful remedy. This usually
happens either through a process of adjudication, whereby human rights can
offer guidance to the judiciary as to the best way to address such grievances, or
through the passing and implementation of human rights laws and policies that
seek to promote peace. However, this positive relationship between human rights
and peace is both qualified and context-specific. Through an interdisciplinary
and comparative analysis of four case studies, the book identifies the conditions
that can support the effective use of human rights as peacebuilding tools. Devel-
oping these, the book recommends a series of strategies that peacebuilders
should adopt and rely on.
Volume 25: Human Rights Law in Perspective
Human Rights Law in Perspective
General Editor: Colin Harvey
Professor of Human Rights Law
School of Law
Queen’s University Belfast
The language of human rights figures prominently in legal and political debates
at the national, regional and international levels. In the UK the Human Rights
Act 1998 has generated considerable interest in the law of human rights. It will
continue to provoke much debate in the legal community and the search for
original insights and new materials will intensify.
The aim of this series is to provide a forum for scholarly reflection on all
aspects of the law of human rights. The series will encourage work which engages
with the theoretical, comparative and international dimensions of human rights
law. The primary aim is to publish over time books which offer an insight into
human rights law in its contextual setting. The objective is to promote an under-
standing of the nature and impact of human rights law. The series is inclusive, in
the sense that all perspectives in legal scholarship are welcome. It will incorpo-
rate the work of new and established scholars.
Human Rights Law in Perspective is not confined to consideration of the
UK. It will strive to reflect comparative, regional and international perspec-
tives. Work which focuses on human rights law in other states will therefore be
included in this series. The intention is to offer an inclusive intellectual home for
significant scholarly contributions to human rights law.
Recent titles in this series
Governing (Through) Rights
Bal Sokhi-Bulley
Gender Equality in Law: Uncovering the Legacies of Czech State Socialism
Barbara Havelkova
Investment and Human Rights in Armed Conflict:
Charting an Elusive Intersection
Daria Davitti
Specifying and Securing a Social Minimum in the Battle Against Poverty
Toomas Kotkas, Ingrid Leijten and Frans Pennings
For the complete list of titles in this series, see ‘Human Rights Law
in Perspective’ link at www.bloomsburyprofessional.com/uk/series/
human-rights-law-in-perspective/
Protecting Human Rights
and Building Peace in
Post-violence Societies
Nasia Hadjigeorgiou
HART PUBLISHING
Bloomsbury Publishing Plc
Kemp House, Chawley Park, Cumnor Hill, Oxford, OX2 9PH, UK
1385 Broadway, New York, NY 10018, USA
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trademarks of Bloomsbury Publishing Plc
First published in Great Britain 2020
Copyright © Nasia Hadjigeorgiou, 2020
Nasia Hadjigeorgiou has asserted her right under the Copyright, Designs and
Patents Act 1988 to be identified as Author of this work.
All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any
means, electronic or mechanical, including photocopying, recording, or any information storage
or retrieval system, without prior permission in writing from the publishers.
While every care has been taken to ensure the accuracy of this work, no responsibility for
loss or damage occasioned to any person acting or refraining from action as a result of any
statement in it can be accepted by the authors, editors or publishers.
All UK Government legislation and other public sector information used in the work is
Crown Copyright ©. All House of Lords and House of Commons information used in
the work is Parliamentary Copyright ©. This information is reused under the terms
of the Open Government Licence v3.0 (http://www.nationalarchives.gov.uk/doc/
open-government-licence/version/3) except where otherwise stated.
All Eur-lex material used in the work is © European Union,
http://eur-lex.europa.eu/, 1998–2020.
A catalogue record for this book is available from the British Library.
Library of Congress Cataloging-in-Publication data
Names: Hadjigeorgiou, Nasia, author.
Title: Protecting human rights and building peace in post-violence societies / Nasia Hadjigeorgiou.
Description: Chicago : Hart Publishing, an imprint of Bloomsbury Publishing, 2020. | Series: Human
rights law in perspective; volume 25 | Includes bibliographical references and index.
Identifiers: LCCN 2019042248 (print) | LCCN 2019042249 (ebook) |
ISBN 9781509923427 (hardback) | ISBN 9781509923434 (Epub)
Subjects: LCSH: Human rights. | Peace-building—Law and legislation. | Peace-building—
International cooperation. | Conflict management.
Classification: LCC K3240 .H333 2020 (print) | LCC K3240 (ebook) | DDC 342.08/5—dc23
LC record available at https://lccn.loc.gov/2019042248
LC ebook record available at https://lccn.loc.gov/2019042249
ISBN: HB: 978-1-50992-342-7
ePDF: 978-1-50992-344-1
ePub: 978-1-50992-343-4
Typeset by Compuscript Ltd, Shannon
Printed and bound in Great Britain
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To Christoforos and Andreas
vi
Acknowledgements
I
never would have thought at the beginning of this process that the writ-
ing of a book – what is generally thought to be a lonely endeavour – would
result in the accumulation of so much gratitude towards that many people.
Since the book started its journey as a doctoral thesis, my first thanks go to the
community that pushed and supported me as a PhD student at King’s College
London. My supervisors, Professors Lorenzo Zucca and Guglielmo Verdirame,
gave me the practical tools and confidence to complete the PhD and continue
developing my ideas as an early career researcher. Lorenzo in particular, I hope
that I am as good a supervisor to my students as you were to me. My PhD
examiners – Professors Colm O’Cinneide and Kieran McEvoy – struck the
right balance between providing me with meaningful and constructive criti-
cism on the one hand, and encouraging me to pursue the development of the
thesis into a book on the other. I would like to especially thank Colm, who has
been an inspiration and a mentor since 2008, when I was still an undergraduate
student.
Visiting speakers and academics at King’s College London over the years
have also shaped my thinking, both as a researcher and a young professional.
Particularly influential to me were Professors David Kennedy, Allen Buchanan
and David Caron. Additional thanks go to Professor Penny Green, Dr Nicola
Palmer and (again) Professor Allen Buchanan for reading parts of the PhD thesis
and giving me their insightful feedback. Moreover, my funders – the Graduate
School of King’s College London and the Leventis Foundation – made the PhD
journey not only vastly more enjoyable, but in fact, possible in the first place,
for which I am immensely grateful. Finally, I will always cherish the commu-
nity of colleagues and friends that I met during my PhD years: Nikos Skoutaris,
Charilaos Nikolaidis, Mathilde Groppo, Ermioni Xanthopoulou, Adrienne
Yong, Rachel Seoighe, Angela Sherwood, Arman Sarvarian, Ana Cardenas,
Egle Dagilyte, Nikolas Voulgaris, Eleni Papasozomenou, Stefan Mandelbaum,
Narutoshi Yoshida, Baskaran Balasingam, Esin Kucuk and Sabrina Gilani.
Following the completion of the PhD, the book continued its journey
and found a home in Cyprus, where I was lucky to receive mentorship and
support from a humbling number of individuals: Nikolas Kyriakou, Mary-Ann
Stavrinidou, Ioanna Demetriou and Maria Kourti from the Law Office of the
Republic of Cyprus; Costas Clerides, the Attorney-General of the Republic of
Cyprus; Stephanie Laulhé-Shaelou from UCLan Cyprus; and Andreas Kapardis
and Aris Constantinides from the University of Cyprus. My colleagues from
UCLan Cyprus, both old and new, have been an invaluable source of inspira-
tion and help: Lida Pitsillidou, Natalie Alkiviadou, Klearchos Kyriakides, Nevi
viii Acknowledgements
Agapiou, Katerina Kalaitzaki, Demetra Loizou, Despina Christofi, Theodora
Theofanous, Sofia Michaelides, Wendy Kennett and Stella Alekou, thank
you. During my time in Cyprus, conversations with, and presentations from,
several people shaped my research interests, methodology and conclusions.
Special mention should be made to Michael Hein, Harry Tzimitras, Achilleas
Demetriades, Yaniv Ronzai, Richard Albert and Akis Hadjihambis.
The greatest and most heartfelt thanks go to my family and friends, both in
London and Cyprus. Mum, Dad, Demetri, Constantina, what I do and who I am
would not have been possible without you.
Finally, Christofore and baby Andrea – you are my all. This book is
dedicated to you.
Contents
Acknowledgements ��������������������������������������������������������������������������������������vii
List of Abbreviations ���������������������������������������������������������������������������������xiii
Table of Cases ���������������������������������������������������������������������������������������������xv
Table of Legislation �����������������������������������������������������������������������������������xix
1. Introduction ............................................................................................1
I. Introduction ....................................................................................1
II. The Central Question ......................................................................2
III. An Anatomy of the Relationship between Human Rights
and Peace ........................................................................................6
IV. The Methodology............................................................................8
A. Defining a Post-violence Society ................................................8
B. Selecting the Four Case Studies ...............................................10
V. Conclusion ....................................................................................15
2. Clarifying the End: A Workable Definition of Peace ...............................17
I. Introduction ..................................................................................17
II. Rejecting the Current Accounts of Peace ........................................18
III. Forging a New Definition of Peace .................................................24
A. Security as the First Element of Peace ......................................30
B. Justice as the Second Element of Peace ....................................34
C. Reconciliation as the Third Element of Peace ..........................39
IV. Conclusion ....................................................................................44
3. The Means and the End Connected: A Framework
for the Relationship between Human Rights and Peace ...........................45
I. Introduction ..................................................................................45
II. Defining the Means .......................................................................46
III. The Means and the End Unconnected ............................................52
IV. Resolving Conflicts and Building Peace ..........................................55
V. Human Rights as Tools in the Conflict Resolution Process ..............62
A. An Overview of the Different Human Rights Strategies ...........62
B. Resolving Conflicts by Lobbying for the Implementation
of Human Rights ....................................................................67
C. Resolving Conflicts through Human Rights Adjudication ........69
D. Resolving Conflicts as Psychological States of Affairs ..............75
VI. Conclusion ....................................................................................78