ABSTRACT
This chapter builds an analytical framework from theories about the relationship between law and politics and the nature of peace-making. It discusses the two parts of the analytical framework. The first part draws on three bodies of scholarship to build an understanding and model of International Criminal Court involvement: liberal institutionalism, constructivism and critical studies. The second part reflects theory on conflict resolution to conceptualise a peace process and its important contextual and internal elements. The conceptualisation of legalisation and judicialisation has been conducted primarily by rationalists, who infer these processes from observable entities such as formal negotiation positions, treaties, instruments of ratification and court cases. Political settlements and negotiated solutions are terms used interchangeably to mean a negotiated and shared agreement to end armed conflict. Political solutions are documented in peace agreements between the conflict parties. In internal conflicts and their resolution processes, relationships of power and legitimacy are asymmetric.
