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Jus Post Bellum - Mapping the Normative Foundations (Hardcover)
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Jus Post Bellum - Mapping the Normative Foundations (Hardcover)
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This is an open access title available under the terms of a CC
BY-NC-ND 4.0 licence. It is free to read at Oxford Scholarship
Online and offered as a free PDF download from OUP and selected
open access locations. The successful transition from armed
conflict to peace is one of the greatest challenges of contemporary
warfare. The laws and principles governing transitions from
conflict to peace (jus post bellum) have only recently gained
attention in legal scholarship. There are three key questions
concerning the core of jus post bellum: the law ('jus'), the
temporal aspect ('post'), and different types of armed conflict
('bellum') involved. This book explores the different legal
meanings and components of the concept, including its implications
in contemporary politics and practice. The book provides a detailed
understanding of the development and nature of jus post bellum as a
concept, including its foundations, criticisms, and relationship to
related concepts (such as transitional justice, and the
responsibility to protect). It investigates the relationship of the
concept to jus ad bellum and jus in bello, and its relevance in
internal armed conflicts and peacebuilding. There are significant
problems brought about in relation to the ending of conflict,
including indicators for the end of conflict, exit strategies, and
institutional responses, which are also assessed. The book
identifies the key components of a 'jus', drawing on disparate
bodies and sources of international law such as peace agreements,
treaty law, self-determination, norms governing peace operations
and the status of foreign armed forces, environmental law, human
rights, and amnesty law. Taking into account perspectives from
multiple disciplines, the book is important reading for scholars,
practitioners, and students across many fields, including peace and
conflict studies, international relations, and international
humanitarian law.
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