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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