Research

Project description



The proper ending of conflict and the organization of post-conflict peace is one of the greatest challenges of contemporary warfare that has resurfaced in the context of modern interventions and their aftermath. Since Grotius’ De Jure Belli ac Pacis, the rules of international law have been founded upon a distinction between "war” and peace. Warfare has been categorized in the notions of jus ad bellum (justification of the use of force) and jus in bello (conduct of hostilities) for centuries. The question of how to end hostilities, or to handle their aftermath, jus post bellum, however, has not received much attention in the international legal order.

Jus post bellum has witnessed a renaissance in military ethics and moral philosophy. It forms part of the ethics of warfare since scholastic writing and classical works on the law of nations. However, as noted above, it has traditionally been neglected in the conceptualization of the laws of war in the 19th and 20th century, which remains based on the classical division into jus ad bellum and jus in bello. Taking an inter-disciplinary approach to the study of jus post bellum, this project seeks to fill that gap.This project investigates whether and how a contemporary jus post bellum may facilitate greater fairness and sustainability in conflict termination and peacemaking. Pillar 1 seeks to establish the historical and normative foundations of a modern jus post bellum, including its distinction from just war theory and its relationship to jus ad bellum and jus in bello. Pillar 2 aims to identify the contours, operation and impact of this concept, based on analysis of historical peace settlements, contemporary peace agreements and case-studies. Pillar 3 seeks to develop a catalogue of rules and principles of post-conflict peace in order to guide priorities and policy choices in a number of key areas, including: conflict termination and ending of conflict, the interplay between international humanitarian law and human rights law in post-conflict settings, the balance between "local ownership” and foreign authority, reconstruction and rule of law reform, the treatment of individual criminal responsibility in peace settlements, and the allocation of property rights.

The project launch seminar/conference will take place in May 2012, followed by a series of five expert seminars to be held over the next four years on topics related to Pillar 3, and a final conference to be held in 2014. The project will also involve fieldwork in case study countries, which will likely be undertaken in the second and third years of the project. This project will produce two monographs (Pillars 1 and 2) and one collective volume (Pillar 3). Papers of the six expert seminars will be disseminated in the form of working papers. Findings relating to the entire project will be published in international journals.

Please see the full project description for more information.
 
 


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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