Jus Post Bellum and the Responsibility to Rebuild – Identifying the Contours of an Ever More Important Aspect of r2p

Abstract

In the last years, the traditional dichotomy in international law between jus ad bellum and jus in bello has been more and more abandoned in favour of a system comprising also norms designed to create fair and sustainable peace. It has been recognized that post-war societies need help in order to avoid a relapse into conflict and chaos. But what is the essence of this jus post bellum? What are its sources? Did the introduction of a Responsibility to Protect (r2p) change the rather sceptical attitude by most governments towards peace-building activities that were often considered intrusive? Particular attention will be given to two recent post conflict countries, Kosovo and Libya, where the Responsibility to Rebuild was of considerable importance, but the State community only partially considered (Kosovo) or did not consider at all (Libya). In this contribution it will be shown that the contours of the jus post bellum are still rather unclear but that nevertheless it is very likely that this concept is here to stay.