The Responsibility to Protect and the obligations for a Jus post Bellum (PDF)

Seminar paper from the year 2012 in the subject Law - European and International Law, Intellectual Properties, grade: 2,1, , language: English, abstract: The following essay focuses on the phase when the actual fighting and violence stops, the phases of de-escalation and consolidation, where within the concept of the R2P the means and tools of rebuilding and conciliation shall avoid another fighting again. The underlying research question consequently asks: if the concept of the R2P addresses prevention, conflict management as well as post conflict rebuilding, does there exist an obligation and a legal
1 HIICR, Conflict Barometer 2010, http://hiik.de/de/konfliktbarometer/index.html.
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justification within this context for a jus post bellum under the international law? Measures for an after conflict time rebuilding have never been before part of a wider legal concept to fight violent conflicts. It often was treated as part of development efforts and policies, but never as a legal obligation for an intervening party. For this reason some legal experts call it already a jus post bellum. The term of the jus post bellum then describes the legal responsibility and commitment of the international community as well as certain individual nations within the overall frame of the R2P. The hypothesis for that reason is that the concept of the Responsibility to Protect will fail to prevent deadly conflicts as long there is no legal obligation and an international tool set for a jus post bellum as a pre-conflict prevention of a new outbreak.
Within the essay, the author wants to provide an overview of the Concept of the R2P, the legal perception of this concept in the context of the Law of Armed Conflict and especially of the obligations and possibilities coming along with this concept after the end of violent conducts. The research question therefore provides the framework for this essay, whilst the hypothesis shall be used to prove limitations and possibilities of a legal concept that might develop towards a jus post bellum.