Post-Conflict Constitutions
How constitutions are designed after civil wars and violent conflicts — balancing peace, justice, and governance when trust is destroyed.
The Peace-Justice Tradeoff
Post-conflict constitution-making operates under unique constraints. The parties at the table may have been fighting each other months earlier. Trust is minimal. The risk of returning to violence is real. The constitution must simultaneously end the conflict, establish governance, and address the grievances that caused the war.
This creates a tension between peace and justice. Peace may require amnesty for war crimes — South Africa's Truth and Reconciliation Commission traded prosecution for testimony. Justice may require accountability that conflict parties resist. The Belfast/Good Friday Agreement (1998) resolved Northern Ireland's Troubles by releasing prisoners and creating power-sharing arrangements that many victims found deeply unjust. Constitutional designers must navigate these tensions knowing that prioritizing justice may restart the war, while prioritizing peace may entrench impunity.
