scholarly journals Jus Post Bellum and Just Peace

2020 ◽  
pp. 1-26
Author(s):  
Carsten Stahn
Keyword(s):  
Distributive Justice ◽  
Transitional Justice ◽  
Just War ◽  
Just War Theory ◽  
Peace Studies ◽  
Jus Post Bellum ◽  
Peace And Justice ◽  
Different Dimensions ◽  
Just Peace

Theories of just peace have remained understudied in international law and peace studies. This chapter introduces major themes of the book and traces the role of peace and justice in just peace discourse. It identifies different approaches towards just peace in three fields: just war theory, peacebuilding practice, and transitional justice approaches. It argues that just peace is more than ‘just a peace’, namely a stable peace with justice, but at the same time highly dependent on relational and discursive dimensions. It requires negotiation, recognition, and implementation and involves concession or compromise from parties. It is not only related to form and process, but connected to different dimensions of justice (retributive, procedural, restorative, and distributive justice) which need to be adjusted to the context of transitions from conflict to peace. Peace must be perceived to be fair and just.

scholarly journals Just Peace After Conflict

2020 ◽  
Keyword(s):  
Transitional Justice ◽  
Just War Theory ◽  
Democratic Peace ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
Peace And Conflict Studies ◽  
Multiple Dimensions ◽  
Peace And Justice ◽  
Pros And Cons ◽  
Just Peace

The interplay between peace and justice plays an important role in almost any contemporary conflict. Peace and conflict studies have generally devoted more attention to conflict than to peace. Peace is often described in adjectives, such as negative/positive peace, liberal peace or democratic peace. But what elements make a peace just? Just war theory, peacebuilding, or transitional justice provide different perspectives on the dialectic relation between peace and justice and the methods of establishing peace after conflict. Experiences such as the Colombian peace process show that peace is increasingly judicialized. This volume analyses some of the situational, normative, and relational elements of peace in processes of transition. It explores six core themes: conceptual approaches towards just peace, macro-principles, the nexus to security and stability, protection of persons and public goods, rule of law and economic reform and accountability. It engages with understudied issues, such as the pros and cons of robust UN mandates, the link between environment protection and indigenous peoples, the treatment of illegal settlements, the feasibility of vetting practices or the protection labour rights in post-conflict economies. It argues that just peace requires only not negotiation, agreement and compromise (e.g., moderation), but contextual understandings of law, multiple dimensions of justice and strategies of prevention. It complements the two earlier volumes on the legal contours of jus post bellum, namely Just Post Bellum: Mapping the Normative Foundations (2014) and Environmental Protection and Transitions from Conflict to Peace: Clarifying Norms, Principles and Practices (2017).

Moral Responsibilities and the Conflicting Demands ofJus Post Bellum

2009 ◽  
Vol 23 (2) ◽  
pp. 147-164 ◽  
Author(s):  
Mark Evans
Keyword(s):  
Just War ◽  
Just War Theory ◽  
Conflict Situation ◽  
Self Determination ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
Conflicting Demands ◽  
Moral Responsibilities ◽  
Just Peace ◽  
As If

Recently, strong arguments have been offered for the inclusion ofjus post bellumin just war theory. If this addition is indeed justified, it is plain that, due to the variety in types of post-conflict situation, the content ofjus post bellumwill necessarily vary. One instance when it looks as if it should become “extended” in its scope, ranging well beyond (for example) issues of “just peace terms,” is when occupation of a defeated enemy is necessary. In this situation, this article argues that an engagement byjus post bellumwith the morality of post-conflict reconstruction is unavoidable. However, the resulting extension ofjus post bellum's stipulations threatens to generate conflict with another tenet that it would surely wish to endorse with respect to “just occupation,” namely, that sovereignty or self-determination should be restored to the occupied people as soon as is reasonably possible. Hence, the action-guiding objective of the theory could become significantly problematized. The article concludes by considering whether this problem supports the claim that the addition ofjus post bellumto just war theory is actually more problematic than its supporters have realized.

Victory and the Ending of Conflicts

2017 ◽  
Author(s):  
Eric Patterson
Keyword(s):  
Rule Of Law ◽  
Just War ◽  
Conflict Situation ◽  
State Agency ◽  
Political Leaders ◽  
The Rule Of Law ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
War Aims ◽  
Just Peace

Scholars and political leaders have recently grown increasingly uncomfortable with terms like victory and ‘unconditional surrender’. One reason for this becomes clear when reconsidering the concept of ‘victory’ in terms of ethics and policy in times of war. The just war tradition emphasizes limits and restraint in the conduct of war but also highlights state agency, the rule of law, and appropriate war aims in its historic tenets of right authority, just cause, and right intention. Indeed, the establishment of order and justice are legitimate war aims. Should we not also consider them exemplars, or markers, of just victory? This chapter discusses debates over how conflicts end that have made ‘victory’ problematic and evaluates how just war principles—including jus post bellum principles—help define a moral post-conflict situation that is not just peace, but may perhaps be called ‘victory’ as well.

Humanism, the Bible, and Erasmus’s Moral World Order

2018 ◽  
Author(s):  
Xavier Tubau
Keyword(s):  
Fifteenth Century ◽  
Just War ◽  
Historical Context ◽  
Just War Theory ◽  
World Order ◽  
Moral Order ◽  
Moral Formation ◽  
The Bible ◽  
Moral World

This chapter sets Erasmus’s ideas on morality and the responsibility of rulers with regard to war in their historical context, showing their coherence and consistency with the rest of his philosophy. First, there is an analysis of Erasmus’s criticisms of the moral and legal justifications of war at the time, which were based on the just war theory elaborated by canon lawyers. This is followed by an examination of his ideas about the moral order in which the ruler should be educated and political power be exercised, with the role of arbitration as the way to resolve conflicts between rulers. As these two closely related questions are developed, the chapter shows that the moral formation of rulers, grounded in Christ’s message and the virtue politics of fifteenth-century Italian humanism, is the keystone of the moral world order that Erasmus proposes for his contemporaries.

Jus Post Bellum: The Perspective of a Just-War Theorist

2007 ◽  
Vol 20 (3) ◽  
pp. 571-591 ◽  
Author(s):  
BRIAN OREND
Keyword(s):  
International Law ◽  
Regime Change ◽  
Just War ◽  
Geneva Convention ◽  
Just War Theory ◽  
Point Of View ◽  
The Body ◽  
Topical Issue ◽  
Jus Post Bellum

The introduction explains how this essay articulates the issue of ‘justice after war’ from the point of view of just-war theory, and how such a view can and ought to impact upon international law, for instance by inspiring the eventual development of a new treaty, or Geneva Convention, exclusively concerned with issues of postwar justice. In the body of the essay, attention is first given to explaining why just-war theory has traditionally ignored, or even rejected, jus post bellum. Second, argument is made as to why this ignorance and rejection must be overcome, and replaced with information and inclusion. Third, principles drawing on traditional just-war theory are constructed and defended, for jus post bellum in general and for forcible postwar regime change in particular. Finally, several remaining challenges are addressed, seeking to dissolve doubts and strengthen resolve towards working for progress on this vital and topical issue of jus post bellum.

scholarly journals Jus Post Bellum in Just War Theory

2019 ◽  
Vol 19 (2) ◽  
pp. 128-136
Author(s):  
Leonid V. Yakushev ◽  
Keyword(s):  
Just War ◽  
Just War Theory ◽  
Jus Post Bellum

scholarly journals Modern Jus Post Bellum – Finding a New Branch of International Justice and Law

2020 ◽  
Vol 9 (2) ◽  
pp. 9-38
Author(s):  
Marcin Lech
Keyword(s):  
Transitional Justice ◽  
Legal Order ◽  
International Justice ◽  
Humanitarian Law ◽  
Moral Obligations ◽  
Jus Post Bellum ◽  
Nation States ◽  
International Legal Order ◽  
Rules And Principles ◽  
Just Peace

The arguments put forward in this article concern ideas about jus post bellum as an urgently needed and hopefully emerging branch of a new international legal order based on fully reasoned ethical principles. The presented views refer to justifying this new international legal order with respect to the necessary parallel transformation of the utility of armed response and, particularly, lethal force to meet modern-day and future conflicts. While it is possible to find at least partial answers, many more questions for future development will emerge in order to truly establish what promotes and fulfils the actual achievement of a stable, safe, lasting, and just peace. Therefore, the object of this research into the legal and ethical possibilities is primarily to assess the quality of a new conceptualisation of international justice and law. This allows for the formation of new law jus post bellum and the nature of peace, which might induce the necessary sociopolitical transformation to sustain a just peace. The exclusive reference to moral obligations in the theorisation of the transition from conflictto peace too often fails to recognise the existing framework of the legal rules and principles involved. While analysed from the perspective of International humanitarian Law and the perspective of the independence of nation-states, it characterises asymmetric warfare and the question about the causes driving states’ and other communities’ actions, particularly casus belli. The new interdisciplinary rethinking exposed below can only result in a complex conclusion because jus post bellum in the age of global transitional justice could prepare new judicial frameworks, as well as true and real justice after the end of war.

scholarly journals The Just War Theory: Accounting Jus Post Bellum

2020 ◽  
Vol 10 (8) ◽  
Author(s):  
Mohd Rizal Yaakop ◽  
Sharifah Aluya Ali ◽  
Sharifah Sabrina Ali ◽  
Iing Nurdin ◽  
Farhatul Mustamirah ◽  
...  
Keyword(s):  
Just War ◽  
Just War Theory ◽  
Jus Post Bellum

Levinas and the Ethics of War and Peace

2018 ◽  
pp. 566-586
Author(s):  
Joshua Shaw
Keyword(s):  
Just War ◽  
Just War Theory ◽  
War And Peace ◽  
Secondary Literature ◽  
Ethics Of War

This essay considers the role of war in Levinas’s philosophy and his philosophy’s place in the secondary literature on the ethics of war. It is argued that his understanding of war most closely matches just war theory, although it bears similarities as well to pacifist fears about the depersonalization that occurs in war. These comparisons are used to raise concerns about both Levinas’s philosophy and just war theory. Reading just war theory through the lens of his philosophy exposes the inability of just war theory to settle pacifist fears about wartime depersonalization. Conversely, reading Levinas through the lens of this debate reinforces the worry that there may be an unbridgeable gap between ethics and justice in his philosophy.

Sign in / Sign up

Export Citation Format

Share Document