The application of jus post bellum in non-international armed conflicts
Kristen E. Boon
Jus post bellum : mapping the normative foundations
Oxford : Oxford University Press, 2014
Jus post bellum’s deep moral and legal associations with the humanitarian tradition have meant that predominant approaches to the concept have tended to focus on international wars and international actors at the expense of any deep exploration of what role jus post bellum might play in non-international or internal situations. Now that non-international armed conflicts outnumber international armed conflicts by a significant margin, it is time to reassess the scope of jus post bellum norms in cases of internal conflict. This contribution argues that some jus post bellum principles will be the same regardless of the nature of the conflict—specifically, those derived from international criminal law and human rights law. Nonetheless, this chapter argues that in areas where jus post bellum relates to rebuilding and reconstruction after non-international conflicts, it should be regulated by the principle of “bounded discretion” and show deference to local authorities.
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