Jus post bellum explained
Jus post bellum (; Latin for "Justice after war") is a concept that deals with the morality of the termination phase of war, including the responsibility to rebuild. The idea has some historical pedigree as a concept in just war theory.[1] In modern times, it has been developed by a number of just war theorists and international lawyers.[2] However, the concept means different things to the contributors in each field. For lawyers, the concept is much less clearly defined, and many have rejected the usefulness of the concept altogether.[3] The concept continues to attract scholarly interest in the field of international humanitarian law.
Background
Brian Orend cites Immanuel Kant as the first to consider a three-pronged approach to the morality of armed conflict[4] and concluded that a third branch of just war theory, the morality of the termination phase of war, had been overlooked.[5] A related concept to the jus post bellum is the lex pacificatoria, the law of peacemaking by treaty[6] to introduce the jus post bellum phase.[7]
Purpose
The purpose of the concept and its usefulness depends on whether it is considered as a moral or a legal concept. Its usefulness as a matter of law is very unclear. As a concept in just war theory, the jus post bellum debate considers a number of issues:[8]
- Provide terms for the end of war; once the rights of a political community have been vindicated, further continuation of war becomes an act of aggression.
- Provide guidelines for the construction of peace treaties.
- Provide guidelines for the political reconstruction of defeated states.
- Prevent draconian and vengeful peace terms; the rights a just state fights for in a war provide the constraints on what can be demanded from the defeated belligerent.
Thus, the areas within which jus post bellum applies can include restraining conquest; political reconstruction, especially in the case of genocide and war crimes; and economic reconstruction, including restoration and reparations.[9]
See also
References
- Allman, Mark J. and Winright, Tobias L. "Jus Post Bellum: Extending the Just War Theory" in Faith in Public Life, College Theology Society Annual Volume 53, 2007 (Maryknoll, NY: Orbis Books, 2008), 241–264.
- Allman, Mark J. and Winright, Tobias L. After the Smoke Clears: The Just War Tradition and Post War Justice (Maryknoll, NY: Orbis Books, 2010).
- DiMeglio, Richard P. "The Evolution of the Just War Tradition: Defining Jus Post Bellum" Military Law Review (2006), Vol. 186, pp. 116–163.
- Kwon, David C. Justice after War: Jus Post Bellum in the 21st Century (Washington, D.C.: The Catholic University of America, 2023).
- Orend, Brian. War in Stanford Encyclopedia of Philosophy, 2000/2005.
- Österdahl . Inger . 2012 . Just War, Just Peace and the Jus post Bellum . Nordic Journal of International Law . 81 . 3 . 271–294 . 10.1163/15718107-08103003. 0902-7351 .
- Specific
Notes and References
- Orend. Brian. 2000-01-01. Jus Post Bellum. Journal of Social Philosophy. en. 31. 1. 117–137. 10.1111/0047-2786.00034. 1467-9833.
- Book: Jus Post BellumMapping the Normative Foundations - Oxford Scholarship. en. 10.1093/acprof:oso/9780199685899.001.0001. 2014. 9780199685899. Oxford University Press. Stahn. Carsten. Easterday. Jennifer S. Iverson. Jens.
- Book: https://www.cambridge.org/core/books/morality-jus-post-bellum-and-international-law/law-and-thejus-post-bellum/2DC1A66C84460B5F9D9B064467472BDF. Law and the Jus Post Bellum: (Chapter 10) - Morality, Jus Post Bellum, and International Law. 223–249. Cambridge Core. en. 2017-08-16. 10.1017/CBO9781139161916.011. Law and the Jus Post Bellum. 2012. Cryer. Robert. Andrew. Forcehimes. Larry. May. 9781139161916.
- Orend. Brian. 2004. Kant's Ethics of War and Peace. Journal of Military Ethics. 3. 2. 161–177. 10.1080/15027570410006507. 143741953.
- Book: Orend, Brian.. Jus Post Bellum : the Perspective of a Just War Theorist. 2007. 774926537.
- Book: Bell. Christine. On the Law of PeacePeace Agreements and the Lex Pacificatoria - Oxford Scholarship. 2008. 9780199226832. en. 10.1093/acprof:oso/9780199226832.001.0001.
- Bell. Christine. Peace settlements and international law: from lex pacificatoria to jus post bellum. Research Handbook on International Conflict and Security Law. 2013. 499–546. 10.4337/9781849808576.00020. 9781849808576.
- Orend. Brian. 2000. Jus Post Bellum. Journal of Social Philosophy. en. 31. 1. 117–137. 10.1111/0047-2786.00034. 1467-9833.
- Bass . Gary J. . 2004 . Jus Post Bellum . Philosophy & Public Affairs . en . 32 . 4 . 384–412 . 10.1111/j.1088-4963.2004.00019.x . 1088-4963.