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New Publication on Normative Foundations of Jus Post Bellum

Jus Post Bellum OUPThe Jus Post Bellum project is glad to announce the publication a new work by Oxford University Press (‘Jus Post Bellum: Mapping the Normative Foundations’) which examines the content and normative foundations of jus post bellum. The book (edited by Carsten Stahn, Jennifer Easterday and Jens Iverson) provides a modern account of core concepts underlying transitions from conflict to peace, i.e. the law (' jus'), temporal aspects of application (' post'), and the nexus of the concept to peace and different types of armed conflict (' bellum'). The volume examines the development and nature of jus post bellum, including its foundations, criticisms, and relationship to related concepts (e.g., transitional justice, 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. It reviews contemporary approaches towards ending of conflict, including indicators for the end of conflict, exit strategies, and institutional responses. It seeks to clarify emerging norms, principles and practices, 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. The volume contains 26 chapters written by leading experts, including several Leiden scholars (Eric de Brabandere, Dov Jacobs and Freya Baetens). It was made possible by a Vidi grant of the Netherlands Organisation for Scientific Research. For follow-up activities of the Jus Post Bellum project on  ‘Peacebuilding and Environmental Damage’ and ‘Property and Investment’ in June 2014, see here.   

Prof. Dr. Carsten Stahn
Project Leader

Carsten Stahn & Jann Kleffner, Jus Post Bellum: Towards a Law of Transition from Conflict to Peace, T.M.C. Asser Press, 2008

Reviews:
Political Studies Review, Vol. 7 (2009), 394
‘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’.

Human Rights Review, Vol. 11 (2010), 153 -154
‘[T]he book contains a number of thoughtful suggestions for legal scholars to think through as international law strives to catch up with the growing interest in a jus post bellum. The book also will stimulate philosophical and theological ethicists to comparable sophistication and detail in writing about the moral dimensions of peace building in our violent world’.

Other Publications:
Jus in bello, jus ad bellum - jus post bellum? - Rethinking the conception of the law of armed force, European Journal of International Law, Vol. 17 (2006), 921

Jus post bellum: Mapping the discipline(s), American University International Law Review, Vol. 23 (2008), 311


Jens Iverson
Researcher
  • Eight Perspectives on Yvon Neptune v. Haiti, Hastings International and Comparative Law Review, Vol. 32, No. 2, Summer 2009.  
  • The Continuing Functions of Article 98 of the Rome Statute, Goettingen Journal of International Law, Vol. 4, 2012, 131-151. 
  • Transitional Justice, Jus Post Bellum and International Criminal Law: Differentiating the Usages, History and Dynamics,   The International Journal of Transitional Justice, Vol. 7, 2013, 413–433  ; doi: 10.1093/ijtj/ijt019.
  • Revolution or Reform: Has Humanitarianism Established a New Legal Order? Should It? Leiden Journal of International Law, Vol. 27, 2014, 269-281; doi:10.1017/ S0922156513000733.
  • Contrasting the Normative and Historical Foundations of Transitional Justice and Jus Post Bellum: Outlining the Matrix of Definitions in Comparative Perspective, in Jus Post Bellum, February 2014, Oxford University Press.
  • Exploring the Normative Foundations of Jus Post Bellum: An Introduction, with Jennifer Easterday and Carsten Stahn, in Jus Post Bellum, February 2014, Oxford University Press.
  • Epilogue: Jus Post Bellum - Strategic Analysis and Future Directions, with Jennifer Easterday and Carsten Stahn, in Jus Post Bellum, February 2014, Oxford University Press.
Jennifer Easterday
Researcher
  • Judging Complementarity: the Case of Rules v. Standards (forthcoming)
  • "Introductory case note: International Criminal Tribunal for the Former Yugoslavia:  Prosecutor v. Šljivančanin,” American Society of International Law, International Legal Materials (Vol. 50, no. 3, May 2011)
  • "Prosecuting those who Bear Greatest Responsibility: The Trial of Charles Taylor, Part I,” UC Berkeley War Crimes Studies Center (2010).
  • "Special Report on the Rule 98 Pleadings in Prosecutor v. Taylor: Defense Motion for Acquittal on Basis of Insufficient Evidence,” UC Berkeley War Crimes Studies Center (2009).
  • "Obscuring Joint Criminal Enterprise at the SCSL,” Berkeley Journal of International Law’s Publicist(2009).
  • "Deciding the Fate of Complementarity: A Colombian Case Study,”  Arizona Journal of International and Comparative Law (Vol. 26, no. 1, 2009).
 
 


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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