Jus Post Bellum

Hardcover | March 13, 2014

EditorCarsten Stahn, Jennifer S. Easterday, Jens Iverson

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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 questionsconcerning 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 tojus 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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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 questionsconcerning the core of jus post bellum: the law (...

Carsten Stahn is Professor of International Criminal Law and Global Justice at Leiden University and Program Director of the Grotius Centre. He is the author of The Law and Practice of International Territorial Administration: Versailles to Iraq and Beyond. He has published articles on international criminal law and transitional justic...

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Format:HardcoverDimensions:600 pagesPublished:March 13, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199685894

ISBN - 13:9780199685899

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Table of Contents

Carsten Stahn, Jennifer S. Easterday, and Jens Iverson: IntroductionPart 1. Foundation and Conceptions of Jus Post Bellum(i) Foundation, Concept, and Function1. Larry May: Jus Post Bellum, Grotius, and Meionexia2. Mark Evans: At War's End: Time To Turn to Jus Post Bellum?3. Dieter Fleck: Jus Post Bellum as a Partly Independent Legal Framework4. James Gallen: Jus Post Bellum: An Interpretive Framework(ii) Jus Post Bellum and Related Concepts5. Jens Iverson: Jus Post Bellum and Transitional Justice6. Carsten Stahn: R2P and Jus Post Bellum: Towards a Polycentric Approach(iii) Jus Post Bellum and Its Discontents7. Eric de Brabandere: The Concept of Jus Post Bellum in International Law: A Normative Critique8. Roxana Vatanparast: Waging Peace: Ambiguities, Contradictions, and Problems of a Jus Post Bellum Legal Framework9. Fionnuala Ni Aolain and Dina Haynes: The Compatibility of Justice for Women with Jus Post Bellum AnalysisPart 2. Reconceptualising 'Bellum' and 'Pax'10. Christine Bell: Of Jus Post Bellum and Lex Pacificatoria: What's in a Name?11. Inger Osterdahl: The Gentle Modernizer of the Law of Armed Conflict?12. Gregory Fox: Navigating the Unilateral/Multilateral Divide13. Kristen Boon: The Application of Jus Post Bellum in Non-International Armed Conflict14. Astri Suhrke: Post-War States: Differentiating Patterns of 'Peace'Part 3. Dilemmas of the 'Post'(i) Dilemmas of Classification15. Jann Kleffner: Temporal Dimensions of Jus Post Bellum: Some Dilemmas and Possible Responses16. Rogier Bartels: From Jus in Bello to Jus Post Bellum: When do Non-International Armed Conflicts End?(ii) Institutional Dilemmas and Strategies17. Martin Wahlisch: Conflict Termination from a Human Rights Perspective: State Transitions, Power-Sharing, and the Definition of the 'Post'18. Yael Ronen: Post-Occupation Law19. Dominik Zaum: The Norms and Politics of Exit: Ending Post-Conflict Transitional Administrations20. Freya Baetens: 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 Bellum21. Jennifer S. Easterday: Jus Post Bellum, Peace Agreements, and Constitution Making22. Dov Jacobs: Targeting the State in Jus Post Bellum: Towards a Theory of Integrated Sovereignties23. Matthew Saul: Creating Governments in the Aftermath of War: Is there a Role for International Law?24. Aurel Sari: The Status of Foreign Armed Forces Deployed in Post-Conflict Environments: A Search for Basic Principles25. Cymie Payne: The Norm of Environmental Integrity in Post-Conflict Legal Regimes26. Frederic Megret: Should Rebels Be Amnestied?Jens Iverson, Jennifer S. Easterday, and Carsten Stahn: Epilogue: Jus Post Bellum - Strategic Analysis and Future Directions