scholarly journals Introduction

2017 ◽  
Author(s):  
Carsten Stahn ◽  
Jens Iverson ◽  
Jennifer Easterday
Keyword(s):  
United Nations ◽  
Environmental Protection ◽  
Armed Conflict ◽  
Due Diligence ◽  
Jus Post Bellum ◽  
Sustainable Peace ◽  
United Nations Environmental Programme ◽  
Conflict Situations ◽  
The Relationship ◽  
Environmental Programme

Protection of the environment and natural resources is a key element in the transition from armed conflict to peace. Most academic studies have focused on classical peacetime or conflict situations. The United Nations Environmental Programme (‘UNEP’) qualified the environment as a ‘silent casualty’ of armed conflict. Exploring the protection of the environment in the aftermath of armed conflict and its relationship to sustainable peace is a relatively novel perspective. This chapter establishes the relationship between jus post bellum and environmental protection. It suggests that jus post bellum (1) provides a lens to view environmental protection as continuum throughout cycles of conflict or conflict transformations; (2) strengthens the argument that concerns of environmental protection are not set aside by armed conflict but relevant throughout conflict and its aftermath; (3) strengthens the case for due diligence of actors beyond armed conflict; and (4) allows a differentiated look at the treatment of harm and remedies.

scholarly journals Jus Post Bellum and the Evolution of Reparations

2020 ◽  
pp. 114-129
Author(s):  
Cymie R. Payne
Keyword(s):  
International Criminal ◽  
The State ◽  
Lessons Learned ◽  
Critical Element ◽  
Jus Post Bellum ◽  
International Criminal Tribunals ◽  
Sustainable Peace ◽  
The Relationship

This chapter argues that reparations should be seen as instrumental for peacebuilding. In contemporary practices, they are no longer solely mediated through the state or confined to claims by individuals against states. Experiences of UN claims mechanisms and international criminal tribunals show that duties may also arise in the relationship between individuals. The chapter examines reparation practices, especially from the ICC, critically engaging with the source of compensation funds, as well as with the ultimate goal of reparations: building a just and sustainable peace. With this assessment, including lessons learned from the UN Compensation Commission, the chapter aims to reframe reparations as a critical element for peacebuilding.

scholarly journals Mapping a Norm of Inclusion in the Jus Post Bellum

2020 ◽  
pp. 130-146
Author(s):  
Catherine Turner
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Human Rights ◽  
Jus Post Bellum ◽  
Peace Negotiations ◽  
Post Conflict ◽  
Peace Agreements ◽  
Sustainable Peace ◽  
International Human ◽  
United Nations Charter

This chapter maps the existence of provisions requiring the inclusion of traditionally excluded groups in peace negotiations. It argues that international law now require inclusion not only as an aspiration or an optional political gesture, but as a fundamental general principle of the jus post bellum. It shows that inclusion as a norm emerges from within existing shared principles embodied in the United Nations Charter, the Universal Declaration of Human Rights, and existing international human rights treaty law. It proposes inclusion as an underpinning norm of jus post bellum, ensuring sustainable peace by engaging with those most affected by peace agreements and post-conflict constitutions.

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