Pub Date : 2020-09-04DOI: 10.1093/oso/9780198784630.003.0010
Dieter Fleck
This chapter examines principles and rules on environmental protection in two critical situations: non-international armed conflicts and post-conflict peacebuilding. What kind of environmental obligations apply in bello between a government and rebels? In what sense are parties to the conflict accountable for environmental devastation? May states be liable also for injurious consequences of acts not explicitly prohibited under international law? How can their obligations be enforced? Furthermore, issues of post-conflict peacebuilding are discussed to explore whether specific principles and rules of jus post bellum are relevant for the protection of the natural environment. While certain aspects of the protection of the environment in relation to armed conflicts appear to be still unclear, some recommendations are developed in support of efforts currently undertaken by the International Law Commission.
{"title":"Legal Protection of the Environment","authors":"Dieter Fleck","doi":"10.1093/oso/9780198784630.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780198784630.003.0010","url":null,"abstract":"This chapter examines principles and rules on environmental protection in two critical situations: non-international armed conflicts and post-conflict peacebuilding. What kind of environmental obligations apply in bello between a government and rebels? In what sense are parties to the conflict accountable for environmental devastation? May states be liable also for injurious consequences of acts not explicitly prohibited under international law? How can their obligations be enforced? Furthermore, issues of post-conflict peacebuilding are discussed to explore whether specific principles and rules of jus post bellum are relevant for the protection of the natural environment. While certain aspects of the protection of the environment in relation to armed conflicts appear to be still unclear, some recommendations are developed in support of efforts currently undertaken by the International Law Commission.","PeriodicalId":188336,"journal":{"name":"Just Peace After Conflict","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122501704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-04DOI: 10.1093/OSO/9780198823285.003.0015
Maj Grasten
This chapter traces the materialization of the rule of law in post-conflict Kosovo to argue that jus post bellum involves contestation and enactment. It suggests that just peace requires negotiations over what is ‘just’ in any specific context and advocates a more general argument for a sociologically informed approach to international law. This includes due attention to the effects of indeterminacy. Drawing on field research on UNMIK and EULEX in Kosovo, the chapter takes a practice- and process-oriented approach in tracing how international policy concerns entered international legal and policy documents, institutions, and practices. It concludes that just peace, and legal form more generally, are political and never objective.
{"title":"Jus Post Bellum as Definition and Practice","authors":"Maj Grasten","doi":"10.1093/OSO/9780198823285.003.0015","DOIUrl":"https://doi.org/10.1093/OSO/9780198823285.003.0015","url":null,"abstract":"This chapter traces the materialization of the rule of law in post-conflict Kosovo to argue that jus post bellum involves contestation and enactment. It suggests that just peace requires negotiations over what is ‘just’ in any specific context and advocates a more general argument for a sociologically informed approach to international law. This includes due attention to the effects of indeterminacy. Drawing on field research on UNMIK and EULEX in Kosovo, the chapter takes a practice- and process-oriented approach in tracing how international policy concerns entered international legal and policy documents, institutions, and practices. It concludes that just peace, and legal form more generally, are political and never objective.","PeriodicalId":188336,"journal":{"name":"Just Peace After Conflict","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126526940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-04DOI: 10.1093/oso/9780198823285.003.0003
L. Peperkamp
While a ‘just and lasting peace’ is the axiomatic goal of a just war, it is not clear what that means exactly. The central question of this chapter is: How should a just war theorist understand peace, insofar that peace is the goal of just war theory, taking into account the theory’s middle position between political realism and moral idealism? In the first part of this chapter, the contemporary debate is mapped and various positions on peace are made explicit. This reveals a shift towards a more positive concept of peace. How far should this shift go? The second part of this chapter places the peace continuum in a lively debate in political philosophy on the role of feasibility constraints in normative theory. This chapter argues that a ‘just and lasting peace’ must be understood as a decent peace that is ‘just enough’.
{"title":"A Just and Lasting Peace After War","authors":"L. Peperkamp","doi":"10.1093/oso/9780198823285.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198823285.003.0003","url":null,"abstract":"While a ‘just and lasting peace’ is the axiomatic goal of a just war, it is not clear what that means exactly. The central question of this chapter is: How should a just war theorist understand peace, insofar that peace is the goal of just war theory, taking into account the theory’s middle position between political realism and moral idealism? In the first part of this chapter, the contemporary debate is mapped and various positions on peace are made explicit. This reveals a shift towards a more positive concept of peace. How far should this shift go? The second part of this chapter places the peace continuum in a lively debate in political philosophy on the role of feasibility constraints in normative theory. This chapter argues that a ‘just and lasting peace’ must be understood as a decent peace that is ‘just enough’.","PeriodicalId":188336,"journal":{"name":"Just Peace After Conflict","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130406887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-04DOI: 10.1093/OSO/9780198823285.003.0018
Timothy Webster
The shadow of World War II still looms over East Asia. Unlike the West, issues of state accountability, corporate liability, and individual reparation roil the victims, governments, and civil society organizations. It stills form a critical, often controversial, backdrop for international relations among China, Japan, Korea, and other Asian nations. This chapter fills an important gap by focusing on jus post bellum outside of the West. The chapter examines the results, motivations, and achievements of civil litigation, namely approximately one hundred World War II reparations lawsuits filed in Japan. In so doing, it answers three related questions. Why does World War II still generate controversy in the contemporary geopolitical triangle of China, Japan, and Korea? How has litigation contributed to the reconciliation process? What are the broader prospects in the future?
{"title":"The Long Tail of World War II","authors":"Timothy Webster","doi":"10.1093/OSO/9780198823285.003.0018","DOIUrl":"https://doi.org/10.1093/OSO/9780198823285.003.0018","url":null,"abstract":"The shadow of World War II still looms over East Asia. Unlike the West, issues of state accountability, corporate liability, and individual reparation roil the victims, governments, and civil society organizations. It stills form a critical, often controversial, backdrop for international relations among China, Japan, Korea, and other Asian nations. This chapter fills an important gap by focusing on jus post bellum outside of the West. The chapter examines the results, motivations, and achievements of civil litigation, namely approximately one hundred World War II reparations lawsuits filed in Japan. In so doing, it answers three related questions. Why does World War II still generate controversy in the contemporary geopolitical triangle of China, Japan, and Korea? How has litigation contributed to the reconciliation process? What are the broader prospects in the future?","PeriodicalId":188336,"journal":{"name":"Just Peace After Conflict","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129839965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-04DOI: 10.1093/OSO/9780198823285.003.0012
B. Sjöstedt
This chapter examines the protection of the environment of territories that indigenous peoples inhabit, occupy, or otherwise use in the aftermath of armed conflict. It focuses on how rights of indigenous peoples apply and how they sit in the larger framework of jus post bellum. It traces international obligations to respect indigenous peoples’ rights to protect the environment of their territories in human rights law and in international environmental law. It discusses the ICL Draft Principles on the Protection of the Environment in Relation to Armed Conflicts which contain a clause on indigenous peoples. The author suggests that peacebuilding activities can be reconciled with states’ international obligations towards indigenous peoples.
{"title":"Rights of Indigenous Peoples and Environmental Protection in Jus Post Bellum","authors":"B. Sjöstedt","doi":"10.1093/OSO/9780198823285.003.0012","DOIUrl":"https://doi.org/10.1093/OSO/9780198823285.003.0012","url":null,"abstract":"This chapter examines the protection of the environment of territories that indigenous peoples inhabit, occupy, or otherwise use in the aftermath of armed conflict. It focuses on how rights of indigenous peoples apply and how they sit in the larger framework of jus post bellum. It traces international obligations to respect indigenous peoples’ rights to protect the environment of their territories in human rights law and in international environmental law. It discusses the ICL Draft Principles on the Protection of the Environment in Relation to Armed Conflicts which contain a clause on indigenous peoples. The author suggests that peacebuilding activities can be reconciled with states’ international obligations towards indigenous peoples.","PeriodicalId":188336,"journal":{"name":"Just Peace After Conflict","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130801566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-04DOI: 10.1093/OSO/9780198823285.003.0006
J. Gallen
This chapter re-examines reconciliation and the concept of just peace. Reconciliation is typically accepted as an aspirational goal, namely as a means to re-establish trust in norms, institutions, and civic community. Drawing on Dworkin’s theory of integrity, this chapter argues that reconciliation should be primarily understood as civic discourse in a post bellum context, namely as an instrument to empower affected victim-survivors and to identify legitimate areas of disagreement. Ultimately, this chapter argues the role of the international community in reconciliation, setting forth a holistic and critically engaged concept of it and the need of interdisciplinarity to assess such meaning.
{"title":"Reconciliation and a Just Peace","authors":"J. Gallen","doi":"10.1093/OSO/9780198823285.003.0006","DOIUrl":"https://doi.org/10.1093/OSO/9780198823285.003.0006","url":null,"abstract":"This chapter re-examines reconciliation and the concept of just peace. Reconciliation is typically accepted as an aspirational goal, namely as a means to re-establish trust in norms, institutions, and civic community. Drawing on Dworkin’s theory of integrity, this chapter argues that reconciliation should be primarily understood as civic discourse in a post bellum context, namely as an instrument to empower affected victim-survivors and to identify legitimate areas of disagreement. Ultimately, this chapter argues the role of the international community in reconciliation, setting forth a holistic and critically engaged concept of it and the need of interdisciplinarity to assess such meaning.","PeriodicalId":188336,"journal":{"name":"Just Peace After Conflict","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131748494","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-04DOI: 10.1093/OSO/9780198823285.003.0014
E. Martínez, Aitor Díaz Anabitarte
The enforcement of economic, social, and cultural rights is often neglected in transitions from conflict to peace. Reconstruction programmes and initiatives of justice in post-conflict situations are still based on the paradigms of state security and criminal prosecution. However, there is a trend to recognize the importance of safeguarding the right of refugees and displaced persons to restitution of land, housing and property so that they can return to their homes and places of residence in safe and dignified conditions, with the aim of promoting the rule of law and achieving a just and lasting peace. The chapter shows the need to deepen and advance the empowerment of the right to restitution as a principle of jus post bellum in order to attain a just and sustainable peace. It claims that jus post bellum should promote ‘positive peace’.
{"title":"Right to Land, Housing, and Property","authors":"E. Martínez, Aitor Díaz Anabitarte","doi":"10.1093/OSO/9780198823285.003.0014","DOIUrl":"https://doi.org/10.1093/OSO/9780198823285.003.0014","url":null,"abstract":"The enforcement of economic, social, and cultural rights is often neglected in transitions from conflict to peace. Reconstruction programmes and initiatives of justice in post-conflict situations are still based on the paradigms of state security and criminal prosecution. However, there is a trend to recognize the importance of safeguarding the right of refugees and displaced persons to restitution of land, housing and property so that they can return to their homes and places of residence in safe and dignified conditions, with the aim of promoting the rule of law and achieving a just and lasting peace. The chapter shows the need to deepen and advance the empowerment of the right to restitution as a principle of jus post bellum in order to attain a just and sustainable peace. It claims that jus post bellum should promote ‘positive peace’.","PeriodicalId":188336,"journal":{"name":"Just Peace After Conflict","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114221748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-04DOI: 10.1093/OSO/9780198823285.003.0008
Catherine Turner
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.
{"title":"Mapping a Norm of Inclusion in the Jus Post Bellum","authors":"Catherine Turner","doi":"10.1093/OSO/9780198823285.003.0008","DOIUrl":"https://doi.org/10.1093/OSO/9780198823285.003.0008","url":null,"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.","PeriodicalId":188336,"journal":{"name":"Just Peace After Conflict","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117049549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-04DOI: 10.1093/OSO/9780198823285.003.0007
Cymie R. Payne
This chapter argues that reparations should be seen as instrumental for peacebuilding. In contemporary practices, they are no longer solely mediated through the state or confined to claims by individuals against states. Experiences of UN claims mechanisms and international criminal tribunals show that duties may also arise in the relationship between individuals. The chapter examines reparation practices, especially from the ICC, critically engaging with the source of compensation funds, as well as with the ultimate goal of reparations: building a just and sustainable peace. With this assessment, including lessons learned from the UN Compensation Commission, the chapter aims to reframe reparations as a critical element for peacebuilding.
{"title":"Jus Post Bellum and the Evolution of Reparations","authors":"Cymie R. Payne","doi":"10.1093/OSO/9780198823285.003.0007","DOIUrl":"https://doi.org/10.1093/OSO/9780198823285.003.0007","url":null,"abstract":"This chapter argues that reparations should be seen as instrumental for peacebuilding. In contemporary practices, they are no longer solely mediated through the state or confined to claims by individuals against states. Experiences of UN claims mechanisms and international criminal tribunals show that duties may also arise in the relationship between individuals. The chapter examines reparation practices, especially from the ICC, critically engaging with the source of compensation funds, as well as with the ultimate goal of reparations: building a just and sustainable peace. With this assessment, including lessons learned from the UN Compensation Commission, the chapter aims to reframe reparations as a critical element for peacebuilding.","PeriodicalId":188336,"journal":{"name":"Just Peace After Conflict","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122313086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-04DOI: 10.1093/OSO/9780198823285.003.0002
Brian Orend
Jus post bellum is commonly considered a new and novel concept. But it does have a deeper historical pedigree; and this past is of relevance for its future, both as concept and as practice. This chapter argues that the most plausible contender for ‘inventor of jus post bellum’ in its unique, substantive, recognizable, and forward-looking form, is the German philosopher Immanuel Kant (1724–1804). The main aim of this chapter is not to defend such a purely historical claim. It is, rather, to show in detail all that Kant had to offer regarding the jus post bellum: how he develops it in both a short-term (procedural) sense and a long-term (substantive) sense, ranging from immediate ceasefires and public peace treaties all the way to the worldwide spread of a cosmopolitan federation devoted to peace and the realization of everyone’s human rights.
{"title":"Roots and Branches","authors":"Brian Orend","doi":"10.1093/OSO/9780198823285.003.0002","DOIUrl":"https://doi.org/10.1093/OSO/9780198823285.003.0002","url":null,"abstract":"Jus post bellum is commonly considered a new and novel concept. But it does have a deeper historical pedigree; and this past is of relevance for its future, both as concept and as practice. This chapter argues that the most plausible contender for ‘inventor of jus post bellum’ in its unique, substantive, recognizable, and forward-looking form, is the German philosopher Immanuel Kant (1724–1804). The main aim of this chapter is not to defend such a purely historical claim. It is, rather, to show in detail all that Kant had to offer regarding the jus post bellum: how he develops it in both a short-term (procedural) sense and a long-term (substantive) sense, ranging from immediate ceasefires and public peace treaties all the way to the worldwide spread of a cosmopolitan federation devoted to peace and the realization of everyone’s human rights.","PeriodicalId":188336,"journal":{"name":"Just Peace After Conflict","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131014008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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