Direito internacional e transições de conflitos armados: a proposta do jus post bellum

Abstract

This dissertation explores the international normative landscape of transitions from armed conflict to peace. While jus ad bellum regulates the resort to armed force and jus in bello regulates the conduct of military hostilities, there is a lack of stability in the legal framework governing post-conflict developments, creating a potential normative vacuum. Therefore, this research introduces jus post bellum as a theoretical framework, a theoretical framework designed to organize and justify the application of diverse international legal norms to post-conflict transitions. Initially, this research established foundational elements for understanding jus post bellum, defining its purpose, normative approaches, temporal and functional scope, relationship with transitional justice, and overarching objective: to guide and constrain actors during peace transitions. Two thematic axes were chosen to identify applicable legal norms related to post-conflict transitions. The first, ‘Restore’, addresses issues closely associated with the cessation of conflict and its immediate developments. In this regard, the legal dimension of peace agreements, the post-conflict consequences of military occupation and other international humanitarian law obligations applicable to the post-conflit environment are examined. The 'Repair' axis investigates the post-conflict legal responses to violations of the laws of war. It explores different modalities of international responsibility for states and individuals, and concludes with a nuanced examination of the obligation to repair. In conclusion, while jus post bellum is not yet as firmly established as other areas of the law of armed conflict, the substantive analysis presented herein reveals a sufficient normative structure to outline the legal framework governing the transition from armed conflict to a just and sustainable peace.