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The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set of general features pertaining to the judicialisation of peace. Line Engbo Gissel argues that the level and timing of ICC involvement is key to the ICC's impact on peace processes and explains why this is the case: a high level of ICC involvement during the negotiation phase of a peace process delegates politico-legal and discursive authority away from peace process actors, while a low level of ICC involvement during the negotiation phase retains such forms of authority at the level of the peace process. As politico-legal authority enables the resolution of sticking points and discursive authority constructs the conflict and its resolution, the location of authority is important for the peace process. Furthermore, judicialisation also affects the negotiation and implementation of a justice policy, with a narrowing scope for justice accompanying increasing levels of ICC involvement.

This article argues that transitional justice (TJ) has recently been standardised: There is now a two-tiered global standard of TJ which structures policy responses and academic thinking. TJ comprises criminal justice, truth-telling, reparation and institutional reform – four core elements in a 'comprehensive' approach. The standard involves specifications for design, procedure and performance and draws on a selection of seemingly unambiguous international legal norms. Paradoxically, it claims to eschew a one-size-fits-all formula, while promoting uniformity in diverse contexts. It is moreover unclear whether its implementation generates beneficial effects in society. Building on existing research on international standardisation as an international political and sociological phenomenon, the article analyses the recently developed TJ standard and presents the first account of the process of TJ standardisation. It demonstrates how processes of 'generification' and 'localisation' make practices transferable and establish the means to facilitate their replication in and across different contexts and settings. These processes are illustrated drawing on existing scholarship from around the world that highlights the acceptance and contestation of and resistance to the standard. After analysing these processes, the article discusses the implications of TJ standardisation for societies, scholarship and global governance.

This article analyses the Juba peace negotiations on accountability and reconciliation. It advances a new interpretation of the Agreement on Accountability and Reconciliation, focusing on five justice features: National proceedings, restorative accountability, alternative sentencing, individual responsibility and forward-looking victimhood. The article argues that the nature of the agreed justice policy derives from negotiators and mediators' pursuit of international legitimation by the ICC and its compliance constituency. This argument has implications for our understanding of the role of the ICC in internationally judicialised peace processes: The need for peace agreement legitimation combined with the legitimacy requirements in such peace processes structurally constitutes the ICC as metaphorically present in the negotiation room and thus akin to a third-party actor.

This article studies the contemporary expression of transitional justice, a field of practice through which global governance is exercised. It argues that transitional justice is being normalised, given the normative and empirical de-legitimisation of its premise of exceptionalism. The article theorises exceptionalism and normalcy in transitional justice and identifies three macro-level causes of normalisation: the legalisation, internationalisation, and professionalization of the field. This argument is illustrated by a study of Uganda's trajectory of transitional justice since 1986. Across five phases of transitional justice, processes of legalisation, internationalisation, and professionalization have contributed to the gradual dismantling of the country's exceptional justice. The case demonstrates, further, that normalization is a contested and incomplete process.

Front Cover -- Half Title -- About The Authors -- Title Page -- Copyright -- Dedication -- Contents -- List of Illustrations -- Abbreviations and Acronyms -- Acknowledgements -- Preface -- Introduction -- 1 Introduction -- 2 Ideas -- 3 Interests -- 4 Definitions -- 5 Overview -- 6 Postscript -- 1: Africa and International Law After the Cold War -- 1 Introduction -- 2 Proliferation -- 3 Explanations -- 4 The Post-Cold War World -- 5 Conclusion -- 2: Africa and the International Criminal Court -- 1 Introduction -- 2 Critique -- 3 Backlash -- 4 Conclusion -- 3: Land in Southern Africa