ISBN : 9780199685899
The successful transition from armed conflict to peace is one of the greatest challenges of contemporary warfare. The laws and principles governing transitions from conflict to peace (jus post bellum) have only recently gained attention in legal scholarship. There are three key questions concerning the core of jus post bellum: the law ('jus'), the temporal aspect ('post'), and different types of armed conflict ('bellum') involved. This book explores the different legal meanings and components of the concept, including its implications in contemporary politics and practice. The book provides a detailed understanding of the development and nature of jus post bellum as a concept, including its foundations, criticisms, and relationship to related concepts (such as transitional justice, and the responsibility to protect). It investigates the relationship of the concept to jus ad bellum and jus in bello, and its relevance in internal armed conflicts and peacebuilding. There are significant problems brought about in relation to the ending of conflict, including indicators for the end of conflict, exit strategies, and institutional responses, which are also assessed. The book identifies the key components of a 'jus', drawing on disparate bodies and sources of international law such as peace agreements, treaty law, self-determination, norms governing peace operations and the status of foreign armed forces, environmental law, human rights, and amnesty law. Taking into account perspectives from multiple disciplines, the book is important reading for scholars, practitioners, and students across many fields, including peace and conflict studies, international relations, and international humanitarian law.
PART 1. FOUNDATION AND CONCEPTIONS OF JUS POST BELLUM
(I) FOUNDATION, CONCEPT, AND FUNCTION
1. Jus Post Bellum, Grotius, and Meionexia
2. At War's End: Time To Turn to Jus Post Bellum?
3. Jus Post Bellum as a Partly Independent Legal Framework
4. Jus Post Bellum: An Interpretive Framework
(II) JUS POST BELLUM AND RELATED CONCEPTS
5. Jus Post Bellum and Transitional Justice
6. R2P and Jus Post Bellum: Towards a Polycentric Approach
(III) JUS POST BELLUM AND ITS DISCONTENTS
7. The Concept of Jus Post Bellum in International Law: A Normative Critique
8. Waging Peace: Ambiguities, Contradictions, and Problems of a Jus Post Bellum Legal Framework
9. The Compatibility of Justice for Women with Jus Post Bellum Analysis
PART 2. RECONCEPTUALISING 'BELLUM' AND 'PAX'
10. Of Jus Post Bellum and Lex Pacificatoria: What's in a Name?
11. The Gentle Modernizer of the Law of Armed Conflict?
12. Navigating the Unilateral/Multilateral Divide
13. The Application of Jus Post Bellum in Non-International Armed Conflict
14. Post-War States: Differentiating Patterns of 'Peace'
PART 3. DILEMMAS OF THE 'POST'
(I) DILEMMAS OF CLASSIFICATION
15. Temporal Dimensions of Jus Post Bellum: Some Dilemmas and Possible Responses
16. From Jus in Bello to Jus Post Bellum: When do Non-International Armed Conflicts End?
(II) INSTITUTIONAL DILEMMAS AND STRATEGIES
17. Conflict Termination from a Human Rights Perspective: State Transitions, Power-Sharing, and the Definition of the 'Post'
18. Post-Occupation Law
19. The Norms and Politics of Exit: Ending Post-Conflict Transitional Administrations
20. Facilitating Post-Conflict Reconstruction: Is the UN Peacebuilding Commission Successfully Filling an Institutional Gap or Marking a Missed Opportunity?
PART 4. THE 'JUS' IN JUS POST BELLUM
21. Jus Post Bellum, Peace Agreements, and Constitution Making
22. Targeting the State in Jus Post Bellum: Towards a Theory of Integrated Sovereignties
23. Creating Governments in the Aftermath of War: Is there a Role for International Law?
24. The Status of Foreign Armed Forces Deployed in Post-Conflict Environments: A Search for Basic Principles
25. The Norm of Environmental Integrity in Post-Conflict Legal Regimes
26. Should Rebels Be Amnestied?
Epilogue: Jus Post Bellum - Strategic Analysis and Future Directions