Jus Post Bellum And Transitional Justice

Author : Larry May,Elizabeth Edenberg
Publisher : Cambridge University Press
Page : 353 pages
File Size : 44,7 Mb
Release : 2013-10-07
Category : Law
ISBN : 9781107512894

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Jus Post Bellum and Transitional Justice by Larry May,Elizabeth Edenberg Pdf

This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.

Author : Jens Iverson
Publisher : BRILL
Page : 372 pages
File Size : 42,7 Mb
Release : 2021-05-31
Category : Law
ISBN : 9789004331044

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Jus Post Bellum: The Rediscovery, Foundations, and Future of the Law of Transforming War into Peace by Jens Iverson Pdf

In Jus Post Bellum, Jens Iverson provides for the first time the Just War foundations of the concept, reveals the function of jus post bellum, and integrates the law that governs the transition from armed conflict to peace.

Author : Carsten Stahn,Jens Iverson,Rafael Braga da Silva
Publisher : Oxford University Press
Page : 385 pages
File Size : 47,5 Mb
Release : 2020
Category : Law
ISBN : 9780198823285

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Just Peace After Conflict by Carsten Stahn,Jens Iverson,Rafael Braga da Silva Pdf

As contemporary studies have increasingly viewed just post bellum to the concept of peace, or the law of peace, so opinions concerning what a 'just peace' could look like have diverged. Is it merely an elusive ideal? Or is it predominantly procedural justice? Is it dependent on concessions and compromise? In this volume, the third output of a major research project on Jus Post Bellum, Carsten Stahn, Jens Iverson, and Jennifer Easterday bring together a team of experts to explore the issues surrounding a just peace, what it is composed of, and how it makes itself felt in the modern world, concluding that a just peace is not only related to form and

Author : Carsten Stahn,Jennifer S. Easterday,Jens Iverson
Publisher : Oxford University Press
Page : 610 pages
File Size : 44,7 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685899

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Jus Post Bellum by Carsten Stahn,Jennifer S. Easterday,Jens Iverson Pdf

Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.

Author : César Rojas-Orozco
Publisher : BRILL
Page : 205 pages
File Size : 46,5 Mb
Release : 2021-07-05
Category : Law
ISBN : 9789004440531

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International Law and Transition to Peace in Colombia by César Rojas-Orozco Pdf

In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.

Author : Carsten Stahn,Jann K. Kleffner
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 43,5 Mb
Release : 2008
Category : Law
ISBN : 9067047198

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Jus Post Bellum by Carsten Stahn,Jann K. Kleffner Pdf

Jus ad bellum and jus in bello are established concepts in contemporary international law. This book is the first work to treat the origins, contents and contemporary challenges of jus post bellum. It offers new analysis and fresh thinking on one of the greatest challenges of warfare and armed force: the management and restoration of peace after conflict. Fundamental issues, such as the extraterritorial application of human rights obligations, the accountability of occupying powers and international organizations and approaches towards justice and reconciliation, are at the heart of contemporary debate. New concepts, such as the notion of responsibility to protect are gradually emerging. This book addresses these issues from a novel perspective. It identifies legal gaps and policy challenges and inquires to what extent they may be addressed under a common normative umbrella: Jus Post Bellum. The individual contributions offer guidance on shortcomings, directions and possible avenues of reform. In this way, the authors – from various disciplines, such as philosophy, legal history, political science and international law – contribute to the emerging scholarship in this field. Carsten Stahn is a Reader in Public International Law and International Criminal Justice, at the Swansea University School of Law, UK. Jann K. Kleffner is Assistant Professor at the Amsterdam University Center of International Law, The Netherlands, and the Managing Editor of the Yearbook of International Humanitarian Law.

Author : Ruti G. Teitel
Publisher : Oxford University Press
Page : 404 pages
File Size : 54,9 Mb
Release : 2002-03-28
Category : Political Science
ISBN : 9780199882243

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Transitional Justice by Ruti G. Teitel Pdf

At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

Author : Padraig McAuliffe
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 44,7 Mb
Release : 2017-03-31
Category : Electronic
ISBN : 9781783470044

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Transformative Transitional Justice and the Malleability of Post-Conflict States by Padraig McAuliffe Pdf

Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.

Author : Larry May,Andrew Forcehimes
Publisher : Cambridge University Press
Page : 283 pages
File Size : 50,9 Mb
Release : 2012-04-23
Category : Law
ISBN : 9781107024021

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Morality, Jus Post Bellum, and International Law by Larry May,Andrew Forcehimes Pdf

Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.

Author : David Chiwon Kwon
Publisher : CUA Press
Page : 313 pages
File Size : 51,5 Mb
Release : 2023-05-12
Category : Political Science
ISBN : 9780813236513

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Justice After War by David Chiwon Kwon Pdf

Justice After War is aimed especially to both undergraduate and graduate students, as well as the general audience who want to understand the significance of a recent development within the just war tradition, namely, the increasing attention given to the category of jus post bellum (postwar justice and peace). While examining the interrelated challenges of moral and social norms in both political and legal domains, as well as church practices, this work proposes an innovative methodology for linking theology, ethics, and social science so that the ideal and the real can inform each other in the ethics of war and peacebuilding. The main task of this project, then, is to identify what the author views as three key themes of jus post bellum, and three practices that are essential to implementing jus post bellum immediately after a war: just policing, just punishment, and just political participation. David Kwon endeavors to challenge the view of those who suggest that reconciliation, mainly political reconciliation, is the foremost ambition of jus post bellum. Instead, he attempts to justify the proposition that achieving just policing, just punishment, and just political participation are essential to building a just peace, a peace in which the fundamental characteristic must be human security. It thus demonstrates that human security is an oft-neglected theme in the recent discourse of moral theologians and that a more balanced understanding of jus post bellum will direct attention to the elements composing human security in a postwar context.

Author : Carsten Stahn,Jennifer S. Easterday,Jens Iverson
Publisher : Unknown
Page : 564 pages
File Size : 52,6 Mb
Release : 2014
Category : Just war doctrine
ISBN : LCCN:2019667770

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Jus Post Bellum by Carsten Stahn,Jennifer S. Easterday,Jens Iverson Pdf

Author : Carsten Stahn,Jann K. Kleffner
Publisher : T.M.C. Asser Press
Page : 320 pages
File Size : 54,6 Mb
Release : 2008-06-26
Category : Law
ISBN : 9067042722

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Jus Post Bellum by Carsten Stahn,Jann K. Kleffner Pdf

Author : Carina Lamont
Publisher : Routledge
Page : 245 pages
File Size : 54,5 Mb
Release : 2021-11-14
Category : Law
ISBN : 9781000473254

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International Law in the Transition to Peace by Carina Lamont Pdf

This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today’s peace and security realities. The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.

Author : Ruti G. Teitel
Publisher : Unknown
Page : 258 pages
File Size : 55,8 Mb
Release : 2014
Category : Law
ISBN : 9780195394948

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Globalizing Transitional Justice by Ruti G. Teitel Pdf

Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times.

Author : Colleen Murphy
Publisher : Cambridge University Press
Page : 233 pages
File Size : 53,6 Mb
Release : 2017-04-19
Category : Law
ISBN : 9781107085473

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The Conceptual Foundations of Transitional Justice by Colleen Murphy Pdf

This accessible book analyses transitional justice and discusses how it differs from retributive, corrective, and distributive justice.