Jus Post Bellum in Just War Theory

Abstract

The purpose of the article is to substantiate the extension of traditional just war theory to the post war period. The author believes that prerequisites for creating the system of principles governing the actions of the participants of a military conflict in the postwar period (the so-called "jus post bellum") is embedded in the very foundations of just war theory. This thesis is confirmed by some historical precedents (Augustine, Francisco de Vitoria, Hugo Grotius, Immanuel Kant). However, the systematic research of the subject started only in the second half of the XX-th century. The interest in jus post bellum was renewed due to the increase the devastating effects of modern warfare, the growing recognition of the priority of human rights and the expanding interdependence of the members of the international community. Contemporary ethicists and political philosophers suggested some versions of jus post bellum for the classical interstate wars. The situation is much less clear with jus post bellum for the non-classical military conflicts where non-state participants are involved. Filling this gap is one of the most important tasks of just war theory.