Restraining Reconciliation for Retribution in the Treaty of Peace with Japan: An Empirical Research of Jus Post Bellum

Abstract

This article addresses the question regarding post bellum norms of how to balance the antagonism between retribution and reconciliation. Therefore, the author conducts empirical and inductive research, considering the Treaty of Peace with Japan, specifically analyzing the process of drafting provisions for war criminals of this treaty. These analyses indicate that the methodology, which secures retribution through restrained reconciliation, is embodied in Article 11 of the Treaty of Peace with Japan. The findings of this study suggest that restraining reconciliation for retribution as well as relaxing retribution for reconciliation is acceptable for implementing post bellum norms.

Keywords: amnesty in peace treaties, jus post bellum, reconciliation, retribution, the Treaty of Peace with Japan, war criminals