Transitional justice is closely linked today with the Responsibility to Protect (R2P), and R2P shares much in common with the 5R&P of jus post bellum. Grotius, De Jure Belli ac Pacis bk III, ch. the essays in the final section. Grotius said that “all the soldiers that have participated in some common act, as the burning of a city, are responsible for the total damage.”10 One of the most difficult issues in the post bellum debates over the centuries is whether both the just and unjust sides of a war have obligations to rebuild. His most lasting work, begun in prison and published during his exile in Paris, was a monumental effort to restrain such conflicts on the basis of a broad moral consensus.

endstream endobj 348 0 obj <>stream See Yaël Ronen, “Avoid or Compensate? date: 21 October 2020.

Grotius, De Jure Belli Ac Pacis bk I, ch.

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16: Moderation in Regard to Things Having No Right of Postliminy, Chap. Francisco Vitoria, De Indus et de Ivre Belli Reflectiones (Reflections on Indians and on the Laws of War, first published 1557, John Pawley Bate tr., The Carnegie Institution 1917) s. 56, 185.

This brings us back to the ideas of jus post bellum. To say that something is only binding in one’s conscience, at least in the seventeenth century when Grotius wrote, was not to imply that the bindingness was weak or inconsequential. Vitoria, De Indus et de Ivre Belli Reflectiones (n. 2) s. 47, 182. Perhaps most importantly, the wars that are fought today are much more likely to be civil wars than interstate wars, and the atrocities from which transition is sought are much more likely to be accompanied by civil war than not. This chapter highlights several themes that are of theoretical and practical interest.

The major theorists of the Just War tradition rarely talked about criminal trials, but certainly were focused on punishment of some kind for the wrongdoers after war ends. Equity (epikeia), as a part of justice as fairness, has been one of the hallmarks of justice since the time of the Greeks but even more so in the contemporary period especially in the writings of John Rawls and other liberal theorists. Nonetheless, transitional justice and jus post bellum look toward a long-term just peace. 11, (n. 4) s. I, 722. 24: Warnings Not to Undertake War Rashly, Even for Just Causes, Chap. (p.21). Rebuilding is the condition that calls upon all those who participated in devastation during war to rebuild as a means to achieve a just peace.

“We destroy arguments and every lofty opinion raised against the knowledge of God, and take every thought captive to obey Christ.” 2 Cor 10:5, “Fear God and keep his commandments, for this is the whole duty of man.” Ecc 12:13. Grotius, De Jure Belli ac Pacis bk I, ch. 4: On The Right of Killing Enemies in a Public War & Other Violence, Chap. 3: Of Original Acquisition of Things, With Reference to Sea and Rivers, Chap. Grotius, De Jure Belli ac Pacis bk III, ch. And democratic governments do not necessarily support the maintenance of peace. I return to this issue in Section 4. And in this respect justice should not be seen as a strict notion that does not take account of the suffering that may result from demands that were permissible in one sense but not permissible in terms of values like compassion.

One way to understand post bellum proportionality is as applying to each of the other five conditions. ch.

And we have significant recent examples of attempts to establish criminal trials and also to deal with victim reparations—namely, the International Criminal Court, which is in the background of most of the contemporary debates about both jus post bellum and transitional justice. In this sense jus post bellum is perhaps best seen as lex ferenda. Again, we can see this in operation historically in the way the US and its allies paid for the rebuilding of Germany and Japan after the Second World War. The bystanders as well as the those who fought on the unjust side of a war will also have to be satisfied to a certain extent if the peace is to hold.

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Equal treatment is often one of the prerequisites for equal respect.

(p.19). It is my view that Grotius saw the laws of nature, including the principle of meionexia, as having this character—they are binding but not in quite the same way as black letter law because they are not promulgated and proven in the same way.