Contrasting the Normative and Historical Foundations of Transitional Justice and Jus Post Bellum
47 Pages Posted: 11 Aug 2012
Date Written: 2012
This Article proposes to contrast “Transitional Justice” and “jus post bellum” in order to create a clearer definition and understanding of each. The Article reviews the terms not as essentialist truths but as terms that have evolved and may continue to change. The article begins with a review of Hersch Lauterpacht’s concept of the Grotian Tradition, and how it relates to Transitional Justice and jus post bellum. Jus post bellum and Transitional Justice are then contrasted and analyzed with a particular emphasis on the substantive focus, temporal aspects, geographical scope, the legal or political emphasis, historical foundations, and current usage. As a researcher on the subject of “jus post bellum,” the author’s primary concern is to clarify where the extensive literature and experience regarding Transitional Justice is more or less likely to be helpful to those interested in “jus post bellum.” Secondarily, the author hopes that the concept of “jus post bellum” may help those primarily interested in Transitional Justice to refocus and strengthen their field.
Keywords: Transitional Justice, jus post bellum, jus in bello, jus ad bellum, Grotian Tradition, Hersch Lauterpacht
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