Jus Post Bellum definition
Jus Post Bellum. A Just War Theory Perspective” in Jus Post Bellum: Towards a Law of Transition from Conflict to Peace, ed. ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ (The ▇▇▇▇▇: T.M.C. Asser Press, 2008), 39-40. See also ▇▇▇▇▇, ▇▇▇▇▇, Jus Post Bellum: The Perspective of a Just-War Theorist, Leiden Journal of International Law, 20 (2007), 579-580. ▇▇▇▇▇ suggests that demands for surrender and the terms of those demands must be linked to the original just cause of those making the demand.
Jus Post Bellum. A Just War Theory Perspective” in Jus Post Bellum: Towards a Law of Transition from Conflict to Peace, ed. ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ (The ▇▇▇▇▇: T.M.C. Asser Press, 2008), 36. Not all contemporary scholars agree on the definition. ▇▇▇▇▇ ▇▇▇▇▇, for example, defines jus post bellum narrowly (limited to the obligations of combatants after war) as a separate subject from what he describes as termination law or jus terminatio (covering the transition from war to peace).113 ▇▇▇▇▇’▇ terminology conflicts with the definition previously adopted for this Chapter, where jus post bellum legitimately defines norms applicable to the transition from armed conflict to a just and sustainable peace. The more comprehensive approach with respect to terminology is more similar to ▇▇▇▇▇▇▇ ▇▇▇▇▇’▇, who suggests that jus post bellum must be understood in a holistic sense.114 He decries the frequent fragmented approach in which practitioners of international humanitarian law, criminal law, human rights law, and those supporting specific agendas such as the “responsibility to protect” speak past each other.115 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇’▇ conception of a lex 113 See ▇▇▇▇▇ ▇▇▇▇▇, “Two Emerging Issues of Jus Post Bellum: War Termination and the Liability of Soldiers for Crimes of Aggression” in Jus Post Bellum: Towards a Law of Transition from Conflict to Peace, ed. ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ (The ▇▇▇▇▇: T.M.C. Asser Press, 2008), 53-62. 114 See ▇▇▇▇▇▇▇ ▇▇▇▇▇, “Jus Post Bellum, Mapping the Discipline(s)” in Jus Post Bellum: Towards a Law of Transition from Conflict to Peace, ed. ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ (The ▇▇▇▇▇: T.M.C. Asser Press, 2008), 105. See also ▇▇▇▇▇, ▇▇▇▇▇▇▇, Jus Post Bellum: Mapping the Discipline(s), 23 Am. U. Int’l L. Rev., 332, 2007-2008; ▇▇▇▇▇, ▇▇▇▇▇▇▇ “Jus Ad Bellum,” “Jus In Bello,” “Jus Post Bellum?” Rethinking the Conception of the Law of Armed Force, ASIL Proceedings, 2006, 159; ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, What Will Jus Post Bellum Mean? Of New Wine and Old Bottles, Journal of Conflict & Security Law (2009), Vol. 14 No. 2, 178. 115 See ▇▇▇▇▇▇▇ ▇▇▇▇▇, “Jus Post Bellum, Mapping the Discipline(s)” in Jus Post Bellum: Towards a Law of Transition from Conflict to Peace, ed. ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ (The ▇▇▇▇▇: T.M.C. Asser Press, 2008), 105. See also ▇▇▇▇▇, ▇▇▇▇▇▇▇, Jus Post Bellum: Mapping the Discipline(s), 23 Am. U. Int’l L. Rev., 332, 2007-2008; ▇▇▇▇▇, ▇▇▇▇▇▇▇ “Jus Ad Bellum,” “Jus In Bello,” “Jus Post Bellum?” Rethinking the C...
Examples of Jus Post Bellum in a sentence
In the Introduction to this work and in Chapter 3 (Three Theories of Jus Post Bellum) supra, a hybrid functional approach to jus post bellum is propounded that serves the function of organizing the effort to transition from armed conflict to a just and sustainable peace while retaining an awareness of temporal context.17 Functional subcomponents of this effort were identified as peacemaking or lex pacificatoria and post-conflict justice.