Jus Post Bellum: Justice at the End of War

Proceedings of ‏The 3rd International Academic Conference on Research in Social Sciences

Year: 2021

DOI:

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Jus Post Bellum: Justice at the End of War

Sanlut Nengneithem Haokip, Prof. Prabhu Venkataraman

 

ABSTRACT: 

Post bellum justice considers vindication of human rights and prosecution on occasion of its violation essential so as to establish just-peace at the end of war. An inquiry into the interrelationship between justice in the commencement, during and at the end of war reveals centrality of human rights and just peace. Conversely, failure of jus post bellum aim is associated to discrepancies in jus ad bellum and jus in bello conditions of just -war. The study therefore observes an intricate relationship between the three principles of just-war. This correlation is further stressed on the importance of jus ad bellum criteria of right-intention and proportionality principle of jus in bello in order to rightly administer judgement for crimes committed during war. To complement the already existing laws of warfare, the paper distinguished crimes based on right-intention criteria into presumptuous, not-presumptuous and un-presumptuous. Thus, all three conditions of just-war synergistically work together for the justification of just-war claim for right resort to force.

Keywords: Just-War Theory; Human rights; Just-peace; Right- Intention; Proportionality Principle.