Attaining Post-Conflict Peace Using the jus post bellum Concept

Abstract

To attain peace after state-on-state war, there must be a belligerent occupation to establish control and security of a defeated state—but that is not enough. There is the concept of jus post bellum concerning the vanquished, which is critically necessary in practice, yet insufficiently developed and understood. Providing the history and tentatively trying to determine the elements that are contained in this concept are the present article’s purpose. Tracing the concept from the earliest Christian writers to the more secular present-day authors will aid in the prospective application of jus post bellum. Scholars, military officers, statesmen, religious leaders, and humanitarians need to understand and accept the basic elements of the concept. A clear understanding of the largely religious history behind these elements should assist in their acceptance and future practical application, once these are agreed upon.

Jus post bellum: Scope and assessment of the applicable legal framework

“…Many of the various international texts and conventions that regulate the start and conduct of hostilities 44 adopt both a strategic and moral approach. 45 Just as the rules relating to the right to wage war (jus ad bellum) and the conduct of hostilities (jus in bello) are designed to guide the behaviour of belligerents, 46 those relating to jus post bellum aim to provide guidance in the aftermath of an armed conflict to both the victorious and the vanquished sides.…”