Mapping a Norm of Inclusion in the Jus Post Bellum

Abstract

This chapter maps the existence of provisions requiring the inclusion of traditionally excluded groups in peace negotiations. It argues that international law now require inclusion not only as an aspiration or an optional political gesture, but as a fundamental general principle of the jus post bellum. It shows that inclusion as a norm emerges from within existing shared principles embodied in the United Nations Charter, the Universal Declaration of Human Rights, and existing international human rights treaty law. It proposes inclusion as an underpinning norm of jus post bellum, ensuring sustainable peace by engaging with those most affected by peace agreements and post-conflict constitutions.