5 - Transformative Effect II

Summary

Chapter 5 analyses the impact of the ICC on peace negotiations in Colombia and Uganda, including impact of the ICC (and the role of the Prosecutor) on the process of negotiations, on the role of the parties, on victims, and on the content of peace agreements arising from these negotiations (including the Ugandan Agreement on Accountability and Reconciliation and the Legal Framework for Peace and Havana Peace Agreement in Colombia). The chapter concludes that there was a transformative effect in peace processes in Colombia and Uganda. These agreements adopted accountability provisions. However, they provided for alternative penalties for perpetrators rather than lengthy prison terms. They incorporated the views of victims into negotiations and allowed for various victim-oriented mechanisms in the agreements. In Uganda, however, unlike in Colombia, the final peace agreement was never fully implemented. The Colombian agreement may set new standards on how peace agreements may approach the balance between peace and justice in the future.