Rethinking Peacebuilding by Aggestam Karin;Björkdahl Annika;Björkdahl Annika; & Annika Björkdahl

Author:Aggestam, Karin;Björkdahl, Annika;Björkdahl, Annika; & Annika Björkdahl [Karin Aggestam]
Language: eng
Format: epub
ISBN: 1024506
Publisher: Taylor & Francis Group

Post bellum effects on in bello law

As far as the jus post bellum and the jus in bello are concerned, there are close resemblances up to a point, but the jus post bellum is potentially much more comprehensive since it aims at the entire society, whereas the jus in bello concerns the protection of the victims of war. As far as the resemblances to the jus post bellum are concerned, furthermore, the jus in bello includes the important components of war crimes and transitional justice. Arguably, this makes up an important part of the jus post bellum as well, but the jus post bellum contains many more parts than the prosecution of war crimes or even grave human rights violations.

The essence of the in bello law, namely the humanitarian concerns and the protection of certain fundamental human rights, is arguably similar to the essence of the jus post bellum. The law of occupation may also be compared with parts of the jus post bellum, but, as we have seen, opinions diverge concerning the degree to which the law of occupation and the law of international post-conflict peace-building, or international administration, overlap and whether it is meaningful or productive to consider occupation and peaceful administration the same thing.

Since the jus post bellum seems generally to be considered at least partly transformational – that is, through the jus post bellum not only will the original society be rebuilt, but a better society will be constructed based on human rights, democracy, the rule of law etc. – it is hard to draw too far the parallel with the law of occupation, which traditionally is conservational by definition (Boon 2009: 68, 75).

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