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Jus Post Bellum
''Jus post bellum'' ( ; Latin for "Justice after war") is a concept that deals with the morality of the termination phase of war, including the responsibility to rebuild. The idea has some historical pedigree as a concept in just war theory. In modern times, it has been developed by a number of just war theorists and international lawyers. However, the concept means different things to the contributors in each field. For lawyers, the concept is much less clearly defined, and many have rejected the usefulness of the concept altogether. The concept continues to attract scholarly interest in the field of international humanitarian law. A famous example of ''Jus post bellum'' is the reconstruction of Germany by the Allies post World War 2. Background Brian Orend cites Immanuel Kant Immanuel Kant (born Emanuel Kant; 22 April 1724 – 12 February 1804) was a German Philosophy, philosopher and one of the central Age of Enlightenment, Enlightenment thinkers. Born in Königs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State (polity)
A state is a politics, political entity that regulates society and the population within a definite territory. Government is considered to form the fundamental apparatus of contemporary states. A country often has a single state, with various administrative divisions. A state may be a unitary state or some type of federation, federal union; in the latter type, the term "state" is sometimes used to refer to the federated state, federated polities that make up the federation, and they may have some of the attributes of a sovereign state, except being under their federation and without the same capacity to act internationally. (Other terms that are used in such federal systems may include "province", "Region#Administrative regions, region" or other terms.) For most of prehistory, people lived in stateless societies. The earliest forms of states arose about 5,500 years ago. Over time societies became more Social stratification, stratified and developed institutions leading to Centra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aftermath Of War
Peace and conflict studies is a social science field that identifies and analyzes violent and nonviolent behaviors as well as the structural mechanisms attending conflicts (including social conflicts), to understand those processes which lead to a more desirable human condition. A variation on this, peace studies, is an interdisciplinary effort aiming at the prevention, de-escalation, and solution of conflicts by peaceful means, based on achieving conflict resolution and dispute resolution at the international and domestic levels based on positive sum, rather than negative sum, solutions. In contrast with strategic studies or war studies, which focus on traditionally realist objectives based on the state or individual unit level of analysis, peace and conflict studies often focuses on the structural violence, social or human levels of analysis. Disciplines involved may include philosophy, political science, geography, economics, psychology, communication studies, sociol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stanford Encyclopedia Of Philosophy
The ''Stanford Encyclopedia of Philosophy'' (''SEP'') is a freely available online philosophy resource published and maintained by Stanford University, encompassing both an online encyclopedia of philosophy and peer-reviewed original publication. Each entry is written and maintained by an expert in the field, including professors from many academic institutions worldwide. Authors contributing to the encyclopedia give Stanford University the permission to publish the articles, but retain the copyright to those articles. Approach and history As of August 5, 2022, the ''SEP'' has 1,774 published entries. Apart from its online status, the encyclopedia uses the traditional academic approach of most encyclopedias and academic journals to achieve quality by means of specialist authors selected by an editor or an editorial committee that is competent (although not necessarily considered specialists) in the field covered by the encyclopedia and peer review. The encyclopedia was created i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peace Treaty
A peace treaty is an treaty, agreement between two or more hostile parties, usually country, countries or governments, which formally ends a declaration of war, state of war between the parties. It is different from an armistice, which is an agreement to stop hostilities; a surrender (military), surrender, in which an army agrees to give up arms; or a ceasefire, ceasefire or truce, in which the parties may agree to temporarily or permanently stop fighting. The need for a peace treaty in modern diplomacy arises from the fact that even when a war is actually over and fighting has ceased, the legal state of war is not automatically terminated upon the end of actual fighting and the belligerent parties are still legally defined as enemies. This is evident from the definition of a "state of war" as "a legal state created and ended by official declaration regardless of actual armed hostilities and usually characterized by operation of the rules of war". As a result, even when hostili ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Pacificatoria
The ''lex pacificatoria'' is a Latin neologism, which translates as 'pacific law' or the 'law of the peacemakers'; it refers to the law relating to agreements or treaties ending a state of war or establishing a permanent peace between belligerents, as articulated by state and non-state peacemakers, such as peace negotiators. As such, it is a set of normativizing practices, the ‘industry standards’ of peacemakers. In its relationship with traditional legal doctrines such as the ''jus ad bellum'', it is both incorporated in, and shapes, interpretations of binding legal instruments, and it can also be determinative of, or influence, court judgments. The term was popularized by the legal scholar Christine Bell in her 2008 book ''On the Law of Peace: Peace Agreements and the Lex Pacificatoria.'' Bell contrasts the notion with the Law of War, stressing that the art of post-war peace deserves as much consideration as the waging of war, and the notion is related to the ''jus post bellum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Just War Theory
The just war theory () is a doctrine, also referred to as a tradition, of military ethics that aims to ensure that a war is morally justifiable through a series of #Criteria, criteria, all of which must be met for a war to be considered just. It has been studied by military leaders, theologians, ethicists and policymakers. The criteria are split into two groups: ("right to go to war") and ("right conduct in war"). There have been calls for the inclusion of a third category of just war theory (''jus post bellum'') dealing with the morality of post-war settlement and reconstruction. The just war theory postulates the belief that war, while it is terrible but less so with the right conduct, is not always the worst option. The just war theory presents a justifiable means of war with justice being an objective of armed conflict. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war. Opponents of the just war theory may either be inclined to a s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus In Bello
The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war, military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which in 1750 B.C., explains its laws imposing a code o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Ad Bellum
' ( or ), literally "right to war" in Latin, refers to "the conditions under which States may resort to war or to the use of armed force in general". Jus ad bellum is one pillar of just war theory. Just war theory states that war should only be condoned under 'just' conditions. Jus ad bellum simply limits the causes for which war can be considered justifiable. The other parts of just war theory include jus in bello (just actions in war) and jus post bellum (justice after war). Historical background The history of jus ad bellum dates back to early religious and philosophical ideas. There are references to the idea of morally fought wars dating back to ancient civilizations. Thousands of years later, these ideas still stand in today's society. Early foundations Many of the ancient civilizations have shown some degree of understanding of just war. One example can be found in Ancient Egypt. Early Egyptians viewed themselves as the cosmological center of civility. Therefore th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reparations (transitional Justice)
Reparations are broadly understood as compensation given for an abuse or injury. The colloquial meaning of reparations has changed substantively over the last century. In the early 1900s, reparations were interstate exchanges (see war reparations) that were punitive mechanisms determined by treaty and paid by the surrendering side of a conflict, such as the World War I reparations paid by Germany and its allies. Reparations are now understood as not only war damages but also compensation and other measures provided to victims of severe human rights violations by the parties responsible. The right of the victim of an injury to receive reparations and the duty of the part responsible to provide them has been secured by the United Nations. In transitional justice, reparations are measures taken by the state to redress gross and systematic violations of human rights law or humanitarian law through the administration of some form of compensation or restitution to the victims. Of all t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Just War Theory
The just war theory () is a doctrine, also referred to as a tradition, of military ethics that aims to ensure that a war is morally justifiable through a series of #Criteria, criteria, all of which must be met for a war to be considered just. It has been studied by military leaders, theologians, ethicists and policymakers. The criteria are split into two groups: ("right to go to war") and ("right conduct in war"). There have been calls for the inclusion of a third category of just war theory (''jus post bellum'') dealing with the morality of post-war settlement and reconstruction. The just war theory postulates the belief that war, while it is terrible but less so with the right conduct, is not always the worst option. The just war theory presents a justifiable means of war with justice being an objective of armed conflict. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war. Opponents of the just war theory may either be inclined to a s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
War Crime
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings (including genocide or ethnic cleansing), the granting of no quarter despite surrender, the conscription of children in the military, and flouting the legal Indiscriminate attack, distinctions of Proportionality (law), proportionality and military necessity. The formal concept of war crimes emerged from the codification of the customary international law that applied to warfare between sovereign states, such as the Lieber Code (1863) of the Union Army in the American Civil War and the Hague Conventions of 1899 and 1907 for int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
