49 Pacigerence: Legal Status of Peace Agreements Under International Law*,** Rodrigo Uprimny-Yepes Universidad Nacional de Colombia, Centro de Estudios de Derecho, Justicia y Sociedad (Dejusticia)
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[email protected] Diana Isabel Güiza-Gómez The University of Notre Dame, Universidad Nacional de Colombia, Centro de Estudios de Derecho, Justicia y Sociedad (Dejusticia)
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[email protected] Article received: April 25, 2019 | Accepted: May 17, 2019 | Modified: June 14, 2019 How to cite: Uprimny-Yepes, Rodrigo and Diana Isabel Güiza-Gómez. “Pacigerence: Legal Status of Peace Agreements Under International Law.” Latin American Law Review no. 03 (2019): 49-77, doi: https://doi.org/10. 29263/lar03.2019.03. Abstract In the past, peace processes between a State and an irregular armed group were considered as internal matters and, therefore, were not regulated by international law. During the last decades, though, these processes have had a growing international dimension due, among other reasons, to the possible legal status of peace agreements under international law. This article explores the exist- ing legal instruments which may confer binding force to such agreements at the international level —an international treaty between a State and an insurgent group, an international treaty signed by a State and third-party States, a special agreement under international humanitarian law, a UN Se- curity Council resolution, and a unilateral declaration of a State—. Given the uncertainty regarding * We want to thank Natalia Torres and Miguel Ángel Buitrago, who contributed by collecting and processing the data as Law students at Universidad Nacional de Colombia.