Title: International Peace Mediators and Codes of Conduct: An Analysis
Abstract: Mediation has been employed as a conflict resolution tool for centuries on both national and international levels. One of the earliest occurrences of mediation was recorded in Mesopotamia approximately four thousand years ago and mediation is also referred to in the Old Testament of the Bible. In addition, the importance of mediation has also been highlighted in literature, in Homer‟s Iliad (500 B.C.). Mediation has been recognised for many years as an efficient method of alternative dispute solution in various fields of law, such as family law and commercial law. However, since the end of the Cold War, mediation has also been employed in an attempt to resolve armed conflicts and international crises (hereafter referred to as international peace mediation) and it has recently become an increasingly debated topic in academic and professional circles. However, there exist different conceptions of international peace mediation in both academic and professional fields, evidenced by diverging definitions and terminology within academic circles and disciplines and by codes of conduct and guidelines of varying standards and requirements within professional settings. These codes of conduct and guidelines are drawn up by various national and international institutions and establish rules of engagement for mediators. They are intended to regulate and are gradually professionalising‟ the field of international peace mediation. However, rigid rules set out within these codes of conduct may potentially restrict the approach and strategies of the mediator and certain provisions pertaining to human rights and international law contained within these documents may also deter conflicting parties from engaging a mediator bound by such provisions.This paper seeks to investigate the disparity between academic research on international conflict mediation, the provisions set out in various codes of conduct for mediators and the actual practice of international conflict mediation by mediators in order to establish whether existing codes of conduct adequately reflect current mediation practice.Section One deals briefly with the background of mediation and seeks to highlight the various definitions that exist within the field of international peace mediation. The differing categories of mediation are also set out in this section, as is the framework surrounding Track I and Track II mediation. Section Two deals with codes of conduct established for mediators by different mediation bodies in order to examine existing guidelines and Section Three takes a closer look at provisions regarding neutrality, impartiality and bias to assess whether or not these codes of conduct may potentially limit or restrict the mediator. Section Four examines the challenges facing mediators when it comes to including transitional justice mechanisms in final drafts of peace agreements. Section Five outlines some of the findings from empirical research on international peace mediation.
Publication Year: 2010
Publication Date: 2010-01-01
Language: en
Type: article
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Cited By Count: 1
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