JUS POST BELLUM AS A SECTION OF THE THEORY OF JUST WAR

Abstract

The article considers problems which are raised within the theory of just war in relation to the question of a just end to a war (jus post bellum). It is shown that in modern academic literature there is not even a clear understanding of the subject of jus post bellum, not to mention a broad consensus on specific moral issues. All this distinguishes this section of the theory of just war from other sections. There are three groups of questions that are raised by various authors under the heading of jus post bellum: 1) when should hostilities cease? 2) who should be held responsible for war crimes? 3) how to guarantee peace and security for the future after the end of the war? On each of these issues, the author of the article presents the points of view of the most famous authors who study the theory of just war, and also substantiates his own point of view. In particular, it is concluded that war must be stopped when the principles of jus ad bellum (right to war) cease to be satisfied. The principles of just cause, last resort and proportionality should be of particular importance. The scope of responsibility of political leaders, military commanders, ordinary combatants, as well as the civilian population in violation of the principles of just war is substantiated. Despite the fact that the responsibility of the civilian population for its political passivity is fundamentally permissible, the difficulty lies in the fact that the very criteria of legal capacity are largely guided by the typical characteristics of the civilian population. It is shown that a peace treaty or other act ending the war, in order to become a guarantee of peace and security in the future, must earn legitimacy from the population of all the warring states. Another such guarantee is the reform of the UN in order to increase its effectiveness. Finally, it is proved that post-war reconstruction (aimed at security, rule of law and development) is the task of all parties involved and the world community as a whole.