Jus Post Bellum: Towards a Law of Transition from Conflict to Peace

ISBN-13: 9789067042727 / Angielski / Twarda / 2008 / 260 str.

Carsten Stahn; Jann K. Kleffner

Opis

Warfare is usually theorised in the categories of jus ad bellum (justification for recourse to force) and jus in bello (rules applicable in armed conflict). The challenge of establishing fair and sustainable peace after conflict (jus post bellum) has received less attention in existing law and practice, although it has an established tradition in just war theory. This book sheds a fresh light on the use and relevance of the concept of jus post bellum in contemporary international law and policy. It examines the origins and foundations of the concept from an inter-disciplinary perspective. Moreover, it identifies some of the features and challenges of a framework governing transitions from conflict to peace, such as the treatment of sovereignty, accountability and local ownership, the relationship of jus post bellum to jus ad bellum and jus in bello and the role of human rights law and transitional justice.

Spis treści

Introduction: From Here to There… and the Law In The Middle.- Introduction: From Here to There… and the Law In The Middle.- Foundations of a Jus Post Bellum.- Reconsidering the Jus Ad Bellum / Jus In Bello distinction.- Jus Post Bellum: A Just War Theory Perspective.- Two Emerging Issues of Jus Post Bellum: War Termination and the Liability of Soldiers for Crimes Of Aggression.- Conflict Termination and Peace-Making in the Law of Nations: A Historical Perspective.- Jus Post Bellum: Mapping the Discipline(S).- Contemporary Challenges of a Jus Post Bellum.- Challenges of Post-Conflict Intercession: Three Issues in International Politics.- From Intervention to Local Ownership: Rebuilding a Just and Sustainable Rule of Law After Conflict.- The Relevance of Jus Post Bellum: A Practitioner’s Perspective.- Are Human Rights Norms Part of the Jus Post Bellum, and Should they be?.- Putting an End to Human Rights Violations by Proxy: Accountability of International Organizations and Member States in the Framework of Jus Post Bellum.- Jus Post Bellum and Transitional Justice.- The Future of Jus Post Bellum.- The Future of Jus Post Bellum.

Blurb

Jus ad bellum and jus in bello are established concepts in contemporary international law. This book is the first work to treat the origins, contents and contemporary challenges of jus post bellum. It offers new analysis and fresh thinking on one of the greatest challenges of warfare and armed force: the management and restoration of peace after conflict. Fundamental issues, such as the extraterritorial application of human rights obligations, the accountability of occupying powers and international organizations and approaches towards justice and reconciliation, are at the heart of contemporary debate. New concepts, such as the notion of responsibility to protect are gradually emerging.

This book addresses these issues from a novel perspective. It identifies legal gaps and policy challenges and inquires to what extent they may be addressed under a common normative umbrella: Jus Post Bellum. The individual contributions offer guidance on shortcomings, directions and possible avenues of reform. In this way, the authors – from various disciplines, such as philosophy, legal history, political science and international law – contribute to the emerging scholarship in this field.

Carsten Stahn is a Reader in Public International Law and International Criminal Justice, at the Swansea University School of Law, UK. Jann K. Kleffner is Assistant Professor at the Amsterdam University Center of International Law, The Netherlands, and the Managing Editor of the Yearbook of International Humanitarian Law.