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

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Edited by: Carsten Stahn, Jann K. Kleffner

ISBN13: 9789067042727
Published: June 2008
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £47.99



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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.

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Subjects:
Public International Law
Contents:
Introduction Jann Kleffner
Part I. Foundations of a Jus Post Bellum:
1. Reconsidering the Jus Ad bellum/Jus in Bello Distinction Serena K. Sharma
2. Jus Post Bellum: A Just War Theory Perspective Brian Orend
3. Two Emerging Issues of Jus Post Bellum: War Termination and the Liability of Soldiers for Crimes of Aggression David Rodin
4. Conflict Termination and Peacemaking under the Law of Nations Stephen Neff
5. Jus Post Bellum: Mapping the discipline(s) Carsten Stahn
Part II. Contemporary Challenges of a Just Post Bellum:
6. Challenges of Post-Conflict Intercession: Three Issues in International Politics Michael Pugh
7. From Intervention to Local Ownership: Rebuilding a Just and Sustainable Rule of Law after Conflict Annika Hansen and Sharon Wihirta
8. The Relevance of Jus Post Bellum: A practitioner's perspective Charles Garraway
9. Are Human Rights Norms Part of the Jus Post Bellum, and Should they Be? Ralph Wilde
10. Putting an End to Human Rights Violations by Proxy: Accountability of International Organisations and Member States in the Framework of a Just Post Bellum Matteo Tondini
11. Jus Post Bellum and Transitional Justice Mark Freeman
Part III. The Future of Just Post Bellum Carsten Stahn.