Jus post bellum

Updated on Oct 07, 2024

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Jus post bellum (Latin for "Justice after war") deals with the termination phase of war. The idea was written about by Brian Orend to reflect the need for rules to end wars completely and fairly. The jus post bellum has also become a subject of interest for international lawyers concerned with transitions from conflict to peace.

Purpose

Provide assurances to combatants about the terms necessary to end a conflict

Provide terms for the end of war; once the rights of a political community have been vindicated, further continuation of war becomes an act of aggression

Provide guidelines for the construction of peace treaties

Prevent continuous fighting throughout peace negotiations by belligerents trying to gain more favorable terms.

Prevent draconian and vengeful peace terms; the rights a just state fights for in a war provide the constraints on what can be demanded from the defeated belligerent

Just Settlement of a Just War

The following is a list of items that would be permissible for a just settlement for a just war:

Unjust gains from aggression must be eliminated

Punishment against the aggressor in two forms:

Compensation to/for the victim for losses incurred

War crime trials for the aggressor

Security for the victim against future attack in the form of demilitarization or political rehabilitation

Terms for settlement should be measured and reasonable ruling out unconditional surrenders

Terms for settlement should be made public

Leaders, soldiers, and civilians must be distinguished

Leaders of the aggressor must face fair and public war crime trials, if necessary

Soldiers from all sides of the conflict must be held accountable for war crimes

Civilians must be reasonably immune from punitive measures ruling out sweeping socio-economic sanctions

References

Jus post bellum Wikipedia

(Text) CC BY-SA

Contents

Purpose

Just Settlement of a Just War

References