Fighting well for a just peace? Exploring the in bello/post bellum dependence thesis
Jus post bellum : restraint, stabilisation and peace
Leiden ; Boston : Brill Nijhoff, 2020
One of the insights gained from the recent wars is that it is a mistake to believe that post bellum considerations only become relevant once the war is over. Quite on the contrary : post-war justice is something that should also concern us before and during the conflict. The link between jus ad bellum and jus post bellum is usually readily made. It is indeed quite generally understood that before jus post bellum became recognized as a separate just war pillar, ideas on post bellum justice were already implicitly present in the original ad bellum principles such as just cause, right intention and reasonable chance of success. The aim of this article is to formulate an answer to the two following questions. What does it mean exactly when we say that jus in bello and jus post bellum are dependent or independent from each other? And having made clear its exact meaning, what can we substantially say about their normative relation? Could a convincing case be made for an in bello/post bellum dependence thesis?