Jus Post Bellum and Transitional Justice

Larry May, Elizabeth Edenberg

• Publisher: Cambridge University Press
• Year: 2013
• Print ISBN:
  9781107040175
• eBook ISBN:
  9781107497122
• Topic: Law
• Subtopic: International Law
• Index: Law

This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.

Table of contents

• Cover
• Jus Post Bellum and Transitional Justice
• Series
• Title
• Copyright
• Contents
• Contributors
• Introduction
• 1 Just Military Occupation? A Case Study of the American Occupation of Japan
• 2 Was damals Recht war .....
• 3 Community-Based Accountability in Afghanistan: Recommendations to Balance the Interests of Justice
• 4 (Re)Defining Crimes against Humanity for a Jus Post Bellum World
• 5 Jus Post Bellum and Amnesties
• 6 Earthquakes and Wars: The Logic of International Reparations
• 7 International Criminal Court, the Trust Fund for Victims, and Victim Participation
• 8 Truthfulness in Transition:
• 9 Nunca Más: Truth Commissions, Prevention, and Human Rights Culture
• 10 Transnationalizing Peacebuilding
• 11 Jus Post Bellum and Political Reconciliation
• Index
• Series