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Foreword | p. V |
Summary of contents | p. VII |
List of abbreviations | p. XV |
Introduction: From Here to There ... and the Law in the Middle | p. 1 |
Foundations of a Jus Post Bellum | |
Reconsidering the Jus Ad Bellum/Jus In Bello distinction | p. 9 |
Introduction | p. 9 |
Evolution of the Jus Ad Bellum/Jus In Bello distinction | p. 11 |
Early Christian Just War theory | p. 11 |
The medieval scholastics | p. 13 |
Bellum Justum to Bellum Legale | p. 15 |
The revival period | p. 17 |
The Ad Bellum/In Bello distinction reconsidered | p. 19 |
The 'legalist paradigm' | p. 19 |
Problems with application | p. 22 |
Jus Ad Bellum versus Jus In Bello | p. 22 |
The 'checklist approach' | p. 24 |
Misinterpreting criteria | p. 25 |
Undermining the Jus In Bello | p. 26 |
Conclusion: Towards a Jus Post Bellum? | p. 29 |
Jus Post Bellum: A Just War Theory Perspective | p. 31 |
Introduction | p. 31 |
Explaining the Historical Rejection | p. 33 |
Kant's Contribution | p. 34 |
The Case for Having, and not Ignoring, Jus Post Bellum | p. 35 |
Suggested Principles of a Jus Post Bellum in General | p. 37 |
Rights vindication | p. 40 |
Proportionality and publicity | p. 40 |
Discrimination | p. 41 |
Punishment | p. 41 |
Compensation | p. 41 |
Rehabilitation | p. 41 |
Suggested Principles for Forcible Post-War Regime Change in Particular | p. 42 |
The goal of justified regime change | p. 42 |
The process for achieving the goal | p. 45 |
Conundrums and Challenges | p. 49 |
Who should be in charge? | p. 49 |
Resistance | p. 51 |
Knowing versus doing | p. 52 |
Conclusion | p. 52 |
Two Emerging Issues of Jus Post Bellum: War Termination and the Liability of Soldiers for Crimes of Aggression | p. 53 |
The Need for a Theory of Just War Termination | p. 53 |
The Scope of Bellum Terminatio Law | p. 56 |
Post Bellum Justice: The Liability of Soldiers for Ad Bellum Crimes | p. 62 |
The self-defense argument | p. 63 |
The responsibility argument | p. 64 |
The proportionality argument | p. 66 |
The consequentialist argument | p. 67 |
Two Forms of Asymmetry | p. 68 |
A Contractarian Argument | p. 69 |
Conflict Termination and Peace-making in the Law of Nations: A Historical Perspective | p. 77 |
Introduction | p. 77 |
The Old Jus Post Bellum - The Medieval Jus Victoriae | p. 77 |
The Decline of the Jus Victoriae | p. 81 |
After the Great War | p. 85 |
General Considerations - and a Look Towards the Future | p. 88 |
Jus Post Bellum: Mapping the Discipline(s) | p. 93 |
Introduction | p. 93 |
Jus Post Bellum as a Domain of Legal Scholarship | p. 95 |
Causes of scholarly disregard | p. 95 |
The case for renewed attention | p. 98 |
Erosion of the war/peace dichotomy | p. 99 |
International practice | p. 99 |
On the use of a jus post bellum | p. 101 |
Closing a normative gap | p. 101 |
Closing a systemic gap | p. 102 |
Reconfiguring jus in bello | p. 102 |
The Scholarship Agenda | p. 103 |
The meaning of the concept | p. 103 |
Foundation | p. 103 |
Beyond morality | p. 103 |
Law v. law | p. 105 |
Scope of application | p. 105 |
The content | p. 107 |
Jus post bellum in operation | p. 110 |
Conclusion | p. 112 |
Contemporary Challenges of a Jus Post Bellum | |
Challenges of Post-Conflict Intercession: Three Issues in International Politics | p. 115 |
Introduction | p. 115 |
The Challenge of Sovereignty | p. 116 |
Rule of Law | p. 120 |
Distributive Justice | p. 126 |
Conclusion | p. 129 |
From Intervention to Local Ownership: Rebuilding a Just and Sustainable Rule of Law after Conflict | p. 131 |
Introduction | p. 131 |
A Closer Look at Local Ownership | p. 133 |
The local ownership debate | p. 133 |
Who are the local owners? | p. 138 |
Dilemmas of local ownership | p. 142 |
Obstacles to Local Ownership | p. 145 |
Local ownership in corrupt and criminalized environments | p. 145 |
Potential and limitations of traditional justice | p. 149 |
Concluding Remarks | p. 151 |
The Relevance of Jus Post Bellum: A Practitioner's Perspective | p. 153 |
Introduction | p. 153 |
Occupation | p. 154 |
Use of Force | p. 156 |
Detention | p. 158 |
Criminal Justice | p. 159 |
Conclusion | p. 162 |
Are Human Rights Norms Part of the Jus Post Bellum, and Should they Be? | p. 163 |
Introduction | p. 163 |
Key Issues at Stake | p. 164 |
Should human rights law apply? | p. 164 |
Methodological challenges | p. 167 |
Does it apply? | p. 168 |
What is the threshold test? | p. 171 |
Interface with other areas of law | p. 172 |
How it is to be understood in the extraterritorial context | p. 172 |
The Principled Case for Extraterritorial Applicability | p. 173 |
Introduction | p. 173 |
First general principle: double standard | p. 173 |
Second general principle: indirect discrimination on grounds of nationality | p. 174 |
Third general principle: the 'legal black hole' | p. 175 |
Conclusion on the policy considerations in the case law | p. 185 |
Conclusion | p. 185 |
Putting an End to Human Rights Violations by Proxy: Accountability of International Organizations and Member States in the Framework of Jus Post Bellum | p. 187 |
Introduction | p. 187 |
The Principle of Accountability of International Organizations | p. 189 |
Accountability of United Nations and Member States Participating in Peace Operations | p. 194 |
Violations committed by military contingents and concurrent responsibility of sending states | p. 196 |
Human rights violations made by police or civilian personnel | p. 199 |
UN accountability in practice | p. 202 |
The Role of the European Court of Human Rights: from the European Legal Space to the Creation of New 'UN Safe Havens' | p. 206 |
Conclusion | p. 211 |
Jus Post Bellum and Transitional Justice | p. 213 |
What is Transitional Justice? | p. 213 |
Roots | p. 213 |
'Transition' and 'justice' | p. 214 |
Dilemmas | p. 215 |
Mechanisms | p. 216 |
Legal doctrine | p. 218 |
Conclusion | p. 218 |
Transitional Justice and Jus ad Bellum/Jus in Bello | p. 219 |
Links between transitional justice and the existing legal framework | p. 219 |
Limitations of jus in bello from a transitional justice perspective | p. 221 |
Transitional Justice and a Tripartite Conception of the Law of Armed Force | p. 223 |
Introduction | p. 223 |
The relationship between jus ad bellum, jus in bello and jus post bellum | p. 224 |
Jus post bellum rules and principles | p. 224 |
Jus post bellum exigencies | p. 225 |
Jus post bellum's material and temporal scope of application | p. 225 |
Carriers of jus post bellum obligations | p. 226 |
Concluding Remarks | p. 226 |
The Future of Jus Post Bellum | |
The Future of Jus Post Bellum | p. 231 |
The 'Moral' versus the 'Legal'? | p. 231 |
Definition and Conception of Jus Post Bellum | p. 233 |
Risks | p. 234 |
Categorization | p. 234 |
Means and methodologies | p. 235 |
The Scope of Regulation | p. 236 |
Index | p. 239 |
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