Studies of ethno-nationalist conflict have repeatedly underlined the significance of policy interventions that seek to de-territorialise contested space after armed conflict and create more plural societies. Creating ‘shared’ space in divided societies is often critically important and inextricably linked to peacebuilding. However much of this scholarship has tended to focus on the relative success or failure of such policies. This paper conversely explores the ‘unintended consequences’ (Merton 1936) of legislating around fragile public space and considers its potential to undermine, rather than reinforce efforts to transition to peace. Drawing on a body of work around unintended consequences, territorial socialisation and peacebuilding we argue that such legislation in ethno-nationalist societies emerging from conflict is a double-edged sword which can be utilised both explicitly and implicitly to reactivate tribal spatial politics and exacerbate divisions in deeply divided societies.