The Concept of Jus Post Bellum in International Law: A Normative Critique

Abstract

This chapter examines the usefulness and accuracy of jus post bellum as a legal concept. It argues that the concept presents a challenge to the objectivity of the post-conflict phase by linking the rights and obligations of foreign actors to the legality of the use of force, or by bringing together already existing obligations. It questions to what extent there is a legal void to which the concept would respond. It further discusses dilemmas that the concept may pose in relation to the ad hoc and neutral character of post-conflict reconstruction, including existing rules on responsibility for post-conflict reconstruction.

Keywords: jus post bellum, post-conflict reconstruction, responsibility, authority, occupation, peace settlement agreement, usufruct, fairness, jus ad bellum, jus in bello, Grotius, Kant, tripartite conception of war, consent, state sovereignty, military intervention, peacekeeping, peace-building