Morality, Jus Post Bellum, and International Law

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MORALITY, JUS POST BELLUM, AND INTERNATIONAL LAW
Series
Title
Copyright
Contents
Contributors
Introduction
1: Post-conflict Truth Telling: Exploring Extended Territory
	I. RIGHTS TO THE TRUTH: AN ISSUE FOR DOMESTIC TRANSITIONS ONLY?
	II. EXTENDING OBLIGATIONS OF TRUTH TELLING BEYOND THE DOMESTIC SPHERE
	III. IS POST-CONFLICT TRUTH TELLING IRRELEVANT TO INTERSTATE CONFLICT?
	IV. VIOLENCE AMONG STATE ACTORS: WHICH TRUTH TO TELL AND HOW TO TELL IT
2: Reparations, Restitution, and Transitional Justice
	I. TRANSITIONAL JUSTICE AND MEIONEXIA
	II. THE CONCEPT OF RESTITUTION
	III. AN ACCOUNT OF REPARATIONS
	IV. WHO IS RESPONSIBLE?
	V. COMPENSATING VICTIMS
3: Addressing Atrocity at the Local Level: Community-Based Approaches to Transitional Justice in Central Africa
	INTRODUCTION
	I. BACKGROUND TO THE GREAT LAKES CONFLICTS AND COMMUNITY-BASED APPROACHES TO TRANSITIONAL JUSTICE
		Rwanda
		Uganda
	II. THE NECESSITY AND VIRTUES OF COMMUNITY-BASED APPROACHES TO TRANSITIONAL JUSTICE
		Justice for Mass Atrocity: Reflecting the Nature of Modern Conflict
		Facilitating Engagement in Pursuit of Broader Social Objectives
	III. CRITIQUES OF COMMUNITY-BASED TRANSITIONAL JUSTICE
		Problem of Indigeneity
		Human Rights Concerns: Lack of Due Process
		Elite Control
	IV. RESPONDING TO THE CRITIQUES OF COMMUNITY-BASED APPROACHES
		Problem of Indigeneity
		Human Rights Concerns: Lack of Due Process
		Elite Control
	V. CONCLUSION
4: Timor-Leste and Transitional Justice: Should We Pursue International Prosecutions for the Crimes Committed in East Timor in 1999?
	I. BACKGROUND
	II. TRANSITIONAL JUSTICE INSTRUMENTS IN TIMOR-LESTE
		A. Ad Hoc Tribunal for Human Rights – Jakarta, Indonesia
		B. Serious Crimes Process: Special Panels and the Serious Crimes Unit (SCU)
		C. Commission on Reception, Truth and Reconciliation (CAVR)
		D. The Commission for Truth and Friendship
	III. INTERNATIONAL TRIBUNAL OR NOT?
		A. One Mechanism–One Aim
		B. The Primary Aim of the Proposed International Tribunal for Timor-Leste
		C. A Tribunal No One Wants?
5: Justice after War: Economic Actors, Economic Crimes, and the Moral Imperative for Accountability after War
	I. INTRODUCTION
	II. THE PEACE AND JUSTICE/ECONOMICS DIVIDE
		War Crimes Trials
		Truth and Reconciliation Commissions
		Transitional Justice
	III. ECONOMIC CAUSES AND ACTORS IN WAR
		Natural Resources and War
		The Liberian Truth and Reconciliation Commission
	IV. JUS POST BELLUM AND ACCOUNTABILITY FOR ECONOMIC CRIMES/CRIMINALS
		Restitution and Reparations
		Equality and Legitimacy
		A Durable Peace
	V. CONCLUSION
6: Child Soldiers, Transitional Justice, and the Architecture of Post Bellum Settlements
	I. CHILD SOLDIERS AND ACCOUNTABILITY FOR ATROCITY: ASCENDANT APPROACHES
		(A) Truth and Reconciliation Commissions
		(B) Endogenous Restoration and Reintegration Mechanisms
	II. A NEED TO INQUIRE AND FOR FURTHER INQUIRY
	III. CONCLUSION
7: Our Soldiers, Right or Wrong: The Post-war Treatment of Troops
	THE STATUS OF “UNJUST WARRIORS”
	THE FEASIBILITY AND MORALITY OF REFUSAL
	"FINISHED WITH THE WAR: A Soldier's Declaration"
	UNCONDITIONAL SUPPORT OF “OUR BRAVE TROOPS” — FOUR EXPLANATIONS
	A COMPARISON WITH HONOURING WAR DEAD
8: Democratization and Just Cause
	I. THE EXPANDED CONCEPTION OF JUST CAUSE
	II. DEMOCRATIZATION AS A JUST CAUSE
	III. SOME FURTHER DETAILS
9: Skepticism about Jus Post Bellum
	1. INTRODUCTION
	2. COMPENSATION
	3. PUNISHMENT
	4. RECONSTRUCTION AND INSTITUTIONAL COLLAPSE
	5. THE GROUNDS AND CONTENT OF POST BELLUM DUTIES
	6. CONCLUSION
10: Law and the Jus Post Bellum: Counseling Caution
	INTRODUCTION
	WHAT IS JUS POST BELLUM?
	JUS POST BELLUM: HISTORICALLY DEFENSIBLE?
	A NEW JUS POST BELLUM?
		The Existing Legal Framework: Broken Beyond Repair?
		Is Jus Post Bellum the Answer?
	DEFINITIONAL DIFFICULTIES
	JUST WAR, SOVEREIGN EQUALITY, AND (NEO)COLONIALISM
	CONCLUSION
Conclusion
Bibliographical Resources for Jus Post Bellum
Index