eBook PDF Download Digital Library
Author: Carsten Stahn
Publisher:
Published: 2014-02
Total Pages: 610
ISBN-13: 0199685894
DOWNLOAD EBOOK →Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.
Author: Carsten Stahn
Publisher: T.M.C. Asser Press
Published: 2008-06-26
Total Pages: 320
ISBN-13: 9789067042727
DOWNLOAD EBOOK →Author: Patrick Mileham
Publisher: BRILL
Published: 2020-03-17
Total Pages: 478
ISBN-13: 9004411046
DOWNLOAD EBOOK →Jus Post bellum: Restraint, Stabilisation and Peace seeks to answer the question “is restraint in war essential for a just and lasting peace”? With a foreword by Professor Brian Orend who asserts this as “a most commendable subject” in extending Just War Theory, the book contains chapters on the ethics of war-fighting since the end of the Cold War and a look into the future of conflict. From the causes of war, with physical restraint and reconciliation in combat and political settlement, further chapters written by expert academics and military participants cover international humanitarian law, practicalities of the use of force and some of the failures in achieving safe and lasting peace in modern-day theatres of conflict.
Author: Jens Iverson
Publisher: BRILL
Published: 2021-05-31
Total Pages: 372
ISBN-13: 9004331042
DOWNLOAD EBOOK →In Jus Post Bellum, Jens Iverson provides for the first time the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace.
Author: Ruti G. Teitel
Publisher: Oxford University Press
Published: 2002-03-28
Total Pages: 305
ISBN-13: 019988224X
DOWNLOAD EBOOK →At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.
Author: Carina Lamont
Publisher: Routledge
Published: 2021-11-14
Total Pages: 245
ISBN-13: 1000473252
DOWNLOAD EBOOK →This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today’s peace and security realities. The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.
Author: Caron E. Gentry
Publisher: University of Georgia Press
Published: 2014-01-01
Total Pages: 201
ISBN-13: 0820339504
DOWNLOAD EBOOK →Just War scholarship has adapted to contemporary crises and situations. But its adaptation has spurned debate and conversation—a method and means of pushing its thinking forward. Now the Just War tradition risks becoming marginalized. This concern may seem out of place as Just War literature is proliferating, yet this literature remains welded to traditional conceptualizations of Just War. Caron E. Gentry and Amy E. Eckert argue that the tradition needs to be updated to deal with substate actors within the realm of legitimate authority, private military companies, and the questionable moral difference between the use of conventional and nuclear weapons. Additionally, as recent policy makers and scholars have tried to make the Just War criteria legalistic, they have weakened the tradition's ability to draw from and adjust to its contemporaneous setting. The essays in The Future of Just War seek to reorient the tradition around its core concerns of preventing the unjust use of force by states and limiting the harm inflicted on vulnerable populations such as civilian noncombatants. The pursuit of these challenges involves both a reclaiming of traditional Just War principles from those who would push it toward greater permissiveness with respect to war, as well as the application of Just War principles to emerging issues, such as the growing use of robotics in war or the privatization of force. These essays share a commitment to the idea that the tradition is more about a rigorous application of Just War principles than the satisfaction of a checklist of criteria to be met before waging “just” war in the service of national interest.
Author: David Chiwon Kwon
Publisher: CUA Press
Published: 2023-05-12
Total Pages: 313
ISBN-13: 0813236517
DOWNLOAD EBOOK →Justice After War is aimed especially to both undergraduate and graduate students, as well as the general audience who want to understand the significance of a recent development within the just war tradition, namely, the increasing attention given to the category of jus post bellum (postwar justice and peace). While examining the interrelated challenges of moral and social norms in both political and legal domains, as well as church practices, this work proposes an innovative methodology for linking theology, ethics, and social science so that the ideal and the real can inform each other in the ethics of war and peacebuilding. The main task of this project, then, is to identify what the author views as three key themes of jus post bellum, and three practices that are essential to implementing jus post bellum immediately after a war: just policing, just punishment, and just political participation. David Kwon endeavors to challenge the view of those who suggest that reconciliation, mainly political reconciliation, is the foremost ambition of jus post bellum. Instead, he attempts to justify the proposition that achieving just policing, just punishment, and just political participation are essential to building a just peace, a peace in which the fundamental characteristic must be human security. It thus demonstrates that human security is an oft-neglected theme in the recent discourse of moral theologians and that a more balanced understanding of jus post bellum will direct attention to the elements composing human security in a postwar context.
Author: Nigel D. White
Publisher: Edward Elgar Publishing
Published: 2013-01-01
Total Pages: 699
ISBN-13: 1849808570
DOWNLOAD EBOOK →ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.
Author: Chiara Redaelli
Publisher: Bloomsbury Publishing
Published: 2021-02-25
Total Pages: 340
ISBN-13: 1509940553
DOWNLOAD EBOOK →This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
