Targeting the State in Jus Post Bellum: Towards a Theory of Integrated Sovereignties

C. Stahn, J. Iverson and J. Easterday, ‘Jus Post Bellum’: Mapping the Normative Foundations (Oxford: Oxford University Press, 2014), pp. 416-427.

GROTIUS CENTRE WORKING PAPER 2014/037-ILT

Leiden Law School Research Paper

17 Pages Posted: 2 Nov 2014

See all articles by Dov Jacobs

Dov Jacobs

Leiden University - Grotius Centre for International Legal Studies; Legal Assistant at the International Criminal Court

Date Written: October 31, 2014

Abstract

This chapter explores the role that sovereignty plays in the jus post bellum context. Noting the generally negative perceptions of the concept of "sovereignty" in a number of academic and activist circles, this chapter argues that sovereignty should be on the contrary a important consideration in any post conflict discussion. In order words, while the State is often seen as the target, i.e an obstacle to effective post conflict policies, it, and its sovereignty, should become a target, i.e. an objective of jus post bellum. The Chapter first explains how issues relating to statehood and sovereignty are often central in post conflict situations, such as in claims to self-determination or the international prosecution of crimes. The chapter then proposes a theoretical framework to conceptualize the relationship between the international and domestic spheres through a revisiting of Georges Scelle's Role Splitting theory (dedoublement fonctionnel). Ultimately, the chapter calls for a rethinking, rather than a discarding, of the notion of sovereignty in today's globalized and interconnected legal orders.

Keywords: Sovereignty, transitional justice, jus post bellum, scelle, statehood, self-determination

Suggested Citation

Jacobs, Dov, Targeting the State in Jus Post Bellum: Towards a Theory of Integrated Sovereignties (October 31, 2014). C. Stahn, J. Iverson and J. Easterday, ‘Jus Post Bellum’: Mapping the Normative Foundations (Oxford: Oxford University Press, 2014), pp. 416-427., GROTIUS CENTRE WORKING PAPER 2014/037-ILT, Leiden Law School Research Paper, Available at SSRN: https://ssrn.com/abstract=2517555

Dov Jacobs (Contact Author)

Leiden University - Grotius Centre for International Legal Studies ( email )

Leiden University Law Faculty
P.O. Box 9520
Leiden, 2300 RA
Netherlands

Legal Assistant at the International Criminal Court ( email )

The Hague
Netherlands

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