The Jus Post Bellum and the Responsibility toward Refugees of War

Abstract

The philosophical debate on the legitimization of war has a long history. With few exceptions, however, the center of attention has usually been placed on what legitimizes wars (jus ad bellum) and how they may be led (jus in bello). Most theoreticians have not discussed the dimension of the jus post bellum: that wars, just like every other human action, not only have a beginning and are carried out but also have an end and an aftermath and involve responsibility for the consequences of the events. What happens after the war, whether (and which of) the protagonists are liable for the political, institutional and economic reconstruction of the country, whether they carry a responsibility toward the collapsed society, the wounded, those that were left behind or the refugees, these ethically essential questions are usually not taken into consideration. This may be explained by the fact that the problems mentioned, once the war is over, obligate politics and not the conduct of war (and thus no longer the theory of a legitimate war). That such an explanation is wholly inappropriate is not only confirmed by the pragmatic fact that poorly held peace negotiations, unfair treaties and unresolved conflicts may fuel new violent conflicts. It is simply stunning that the consequences of individual and collective actions are considered from ethical as well as legal perspectives as intrinsic components of their legitimization but that the devastating effects of the war are hardly taken into account in the analysis of the war’s justness and resulting responsibilities. In recent decades, the neglected dimension of the jus post bellum has at least received increased attention, particularly as a result of the unresolved conflicts in Afghanistan and Iraq as well as the devastating civil war in Syria (Orend 2012; May 2012). This paper does not aim to discuss the doctrine of the jus post bellum as a whole or to put it into a new perspective. I will focus on a grave consequence of the war and a significant dimension of the post-war period that is unjustly ignored by the relevant theory, namely, the question regarding responsibility and obligation toward refugees, that is, persons who left their country because of the war.