Themes

The project will approach different themes and will involve six targeted expert seminars:

Ending of conflict and conflict termination

Armed conflicts are, in reality, not as clearly defined as the legal categories. The protracted nature of modern conflicts and the involvement of numerous armed groups and factions makes it difficult to determine the definitive point in time when the laws of war begin and cease to operate. The seminar will seek to identify indicatoes for the ending of conflict and guidelines for conflict termination.

Interplay between international humanitarian law and human rights

International humanitarian law and human rights are considered to apply simultaneously in armed conflict. This creates conflicts in a number of areas: use of force in peace operations, detention, law enforcement. The seminar will identify how these bodies of law intersect in post-conflict situations, and how conflicts between the two can be resolved.

Local ownership and foreign authority

Jus ad bellum and jus in bello are largely based on top-down approaches and constraints on warring factions. Jus post bellum, however, is typically directed towards the restoration of public authority or the empowerment of domestic constituencies. The seminar will explore how foreign or transitional authority can be reconciled most effectively with political reconstruction and sustainable self-government (e.g., transfer of authority, timing of elections).

Reconstruction and rule of law reform

International standard-setting and internationalisation of national law have become integral to the management of post-conflict relations. This methodology may conflict with domestic values and the essence of democratic self-governance. The project will investigate methods to reconcile law reform initiatives with ‘local ownership’ and domestic internalization of norms.

Individual criminal responsibility

The tension between accountability and demobilization is a recurring problem in peace negotiations. The seminar will identify institutional and procedural options to reconcile distinct prerogatives, such as criminal responsibility, truth and reconciliation in peace settlements (e.g., through targeted prosecution, forum choices, alternative forms of justice, mitigation of sentences).

Allocation of property rights

Allocation of housing and property rights is one of the preconditions for reintegration and return of displaced persons. The right to return of displaced persons may conflict with acquired rights or obstacles to restitution or compensation (e.g., lack of public record). The pillar will identify best practices in relation to property allocation based on experiences in contemporary claim proceedings (e.g., Bosnia, Kosovo, Iraq).
 


SPOTLIGHT

 

Jus Post Bellum: Mapping the Normative Foundations is Open Access!

The Jus Post Bellum Project is excited to announce that Jus Post Bellum: Mapping the Normative Foundations is open access! We invite you to download this foundational work here! Of course, if you wish to buy the hard copy or read more about the volume, published by Oxford University Press, it is available in the Oxford University Press catalogue. The volume provides a comprehensive analysis of the laws and norms that apply to the process of ending war and building peace; systematically examines the merits and pitfalls of jus post bellum, drawing on theoretical inquiry, comparison to different bodies of international law, and key case-studies; and critically assesses the practical relevance of the theory of jus post bellum to the actual reality of post-conflict situations.

 

Article on JPB, TJ, & ICL

Jens Iverson, Researcher in International Law at The Jus Post Bellum Project, recently published an article on JPB, Transitional Justice, and International Criminal Law in the highly-ranked International Journal of Transitional Justice.

 

Conference Report

The Jus Post Bellum Launch Conference Report is available.

On 31 May and 1 June 2012, the Jus Post Bellum Project was proud to host its launch conference, “‘Jus-Post-Bellum’: Mapping the normative foundations.” The Conference Report focuses on the dialogue that occurred at the conference. It is impossible to capture the depth of the discussions that took place over the two-day conference, and therefore, as mentioned at the conference, we encourage participants and presenters to continue to debate on the project’s Virtual Research Environment. We are thankful to all participants and to attendees for sharing their insights.

Please visit the conference website for a wealth of material on Jus Post Bellum.

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