Jus Post Bellum
Carsten Stahn, Jennifer S. Easterday, Jens Iverson
OUP Oxford, 2014 - Law - 564 pages
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.
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accountability amnesty application argued armed forces Article authority belligerent occupation Cambridge University Press Carsten Stahn chapter Christine Bell concept of jus conflict to peace constitutional peace agreements context environmental gender Geneva Conventions human rights law implementation institutions international actors international armed conflicts International Humanitarian Law International Law international legal international organizations intervention Iraq issues Journal of International jus ad bellum jus in bello jus post bellum Kosovo law of armed law of occupation laws of war legal framework legitimacy mandate military negotiations NIAC non-international armed conflict norms obligations Oxford University Press parties peace operations Peacebuilding Commission peacekeeping political post-conflict reconstruction post-conflict situations post-war practice principles privilege of belligerency Protocol reform regime regulation relating relevant Responsibility to Protect rule of law Security Council society sovereignty Statebuilding status territory theory tion Transitional Justice treaty United Nations University Press 2012 UNMIK UNSC Res violence women