Jus Post Bellum: Towards a Law of Transition From Conflict to Peace / Edition 1

by Carsten Stahn, Jann K. Kleffner

Overview

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.

Product Details

ISBN-13:	9789067042727
Publisher:	T.M.C. Asser Press
Publication date:	06/26/2008
Edition description:	1st Edition.
Pages:	320
Product dimensions:	6.40(w) x 9.50(h) x 0.80(d)

About the Author

Dr Carsten Stahn is Reader in Public International Law and International Criminal Justice at Swansea University and Visiting Research Fellow at the Grotius Centre for International Legal Studies, Leiden University.

Dr Jann K. Kleffner is Assistant Professor of Public International Law in the Amsterdam Centre for International Law at the University of Amsterdam. He is also Managing Editor of the Yearbook of International Humanitarian Law.

Table of Contents

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.

Editorial Reviews

'Whereas jus post bellum is a subject that is in flux, this book offers not only a snapshot of the current state of the question but moves the discussion forward. … any subsequent work on this topic will need to take these essays into consideration.' Political Studies Review

From the Publisher