Over the past three decades, constitution-making has emerged as a key tool in peace-building processes. Scholarly debates highlight several preferences on the tension/articulation between peace-making and constitution. However, little attention has been paid to a sub-category of constitution-making in the context of violent conflicts: constitution-drafting at times of war. This paper attempts a tentative analysis of three recent/ongoing constitutional change taking place partly at war times: Libya, Yemen and Syria. It analyzes why constitution-making triggered further violent conflicts instead of re-establishing peace. In doing so, it analyzes the tension between peace-making and constitution-drafting from a process-design perspective: sequencing, timeline, public participation, approval mechanisms and institutions. An emphasis is put on the role of international actors, mediators’ in these processes. The paper concludes with tentative remarks and policy recommendation
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.
Call For Papers and Panels